Appellate Division, First Department · October 15, 2026 · 2026 NY Slip Op 06000
Dalessandro v Dalessandro
Read the official decision: 2026 NY Slip Op 06000
Holding The Appellate Division reversed the lower court’s denial of a motion for leave to serve a late answer, finding that the delay was short, caused by reasonable law office failure, and did not prejudice the plaintiff. The court emphasized the strong public policy favoring the resolution of cases on their merits.
The court’s words
Supreme Court improvidently exercised its discretion in denying Husain's motion to serve a late answer
2026 NY Slip Op 06000, at the official text
The 18-day delay in answering the complaint was relatively short and plaintiff suffered no prejudice from the delay
2026 NY Slip Op 06000, at the official text
the law office failure that occasioned the delay was reasonable, and there is no evidence that it was due to willfulness
2026 NY Slip Op 06000, at the official text
strong public policy in favor of resolving cases on the merits
2026 NY Slip Op 06000, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 06000 |
| Area of law | Civil Procedure |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06000 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1242 |
Recommended citation
ESQ HQ, New York Law Watch, Dalessandro v Dalessandro, 2026 NY Slip Op 06000 (Appellate Division, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06000/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works