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MATTER OF THOMAS ANTHONY HOLDINGS LLC v. GOODBODY

157008/21. Appeal No. 16685. Case No. 2022-02621.

210 A.D.3d 547 (2022)

176 N.Y.S.3d 780

2022 NY Slip Op 06569

In the Matter of Thomas Anthony Holdings LLC, Respondent, v. Bridget Goodbody et al., Appellants.

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

Decided November 17, 2022.

Attorney(s) appearing for the Case

Kane Kessler, P.C., New York (David A. Gold of counsel), for appellants.

Tuttle Yick LLP, New York (Eli D. Raider of counsel), for respondent.

Concur—Kern, J.P., Scarpulla, Rodriguez, Pitt, Higgitt, JJ.

Order, Supreme Court, New York County (Verna L. Saunders, J.), entered on or about February 24, 2022, which denied respondents' motion for a default judgment on their counterclaims pursuant to CPLR 3012(d) and granted petitioner's cross motion to serve a late reply to the counterclaims pursuant to CPLR 3215, unanimously affirmed, with costs.

The court providently exercised its discretion in granting petitioner's cross motion to serve a late reply to respondents' counterclaims...

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