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PAVICH v. PAVICH

Index No. 655799/18. Appeal No. 15494. Case No. 2021-03159.

203 A.D.3d 492 (2022)

160 N.Y.S.3d 872

2022 NY Slip Op 01519

Joseph Pavich et al., Appellants, v. Raymond Pavich et al., Defendants, and World Cinema, Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 10, 2022.

Attorney(s) appearing for the Case

The Law Office of Aaron M. Schlossberg, PLLC, White Plains (Aaron M. Schlossberg of counsel), for appellants.

Gordon Rees Scully Mansukhani LLP, New York (Ryan J. Sestack of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, González, Shulman, Rodriguez, JJ.

The motion court properly denied plaintiffs' motion in light of WCI's short delay of 14 days in filing its answer and its diligence in litigating the matter over the course of two years, as well as the lack of any prejudice to plaintiffs (see Aegis SMB Fund II, L.P. v Rosenfeld, 189 A.D.3d 472, 473 [1st Dept 2020]; see also Marine v Montefiore Health Sys., Inc., 129 A.D.3d 428, 429 [1st...

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