October 30, 2021

CPLR 3012(d).

The statute authorizes an extension of time to appear and plead upon such terms as may be just, and upon a showing of reasonable excuse for the delay or default. Here, the delay in filing an answer was occasioned by law office failure, which constitutes good cause. Defendant showed an intent to defend when it sought to extend its time to answer by stipulation. Plaintiff has not shown that he would be prejudiced, and New York has a strong policy in favor of litigating matters on the merits. 

Velasquez v. New York City Tr. Auth./MTA, NY Slip Op 05803 (1st Dep't October 21, 2021)

Here is the decision.