The Appellate Division unanimously reversed the Order which denied defendants' motion for an extension of time to respond to the complaint, and the Order which denied defendants' motion to dismiss the complaint, and granted both motions. Defendants proffered a reasonable excuse for their delay in answering by submitting an affidavit from their president and CEO, averring that they never received a copy of the summons and complaint that was served on the Secretary of State in August 2019, and only became aware of the lawsuit in October 2019 when the summons and complaint were mailed to their former employee. There is no evidence in the record that defendants' delay in responding to the complaint was willful, or that the three-month delay resulted in any prejudice to plaintiff.
Sukhu v. R.A.I.N. Home Attendant Servs., Inc., NY Slip Op 00098 (1st Dep't January 7, 2021)
