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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
CourtAppellate Division, First Department
DecidedOctober 15, 2026
Citation2026 NY Slip Op 06000
Area of lawCivil Procedure
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 06000
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1242

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.

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Published October 15, 2026. Updated October 15, 2026.