CPLR 2004 provides that, "[e]xcept where otherwise expressly prescribed
by law, the court may extend the time fixed by any statute, rule or
order for doing any act, upon such terms as may be just and upon good
cause shown, whether the application for extension is made before or
after the expiration of the time fixed." Given the strong public policy
favoring resolution on the merits, the court may order a plaintiff to accept an untimely answer where there was only a short delay
in appearing or answering; there was no willfulness
on the part of the defendant; there would be no prejudice to the
plaintiff; and there is a potentially meritorious defense.
Baldwin Rte. 6, LLC v. Bernad Creations, Ltd., NY Slip Op 01039 (2d Dep't February 14, 2018)
Here is the decision.
