Appellate Division of the Supreme Court of the State of New York March 29, 2011 (Pena-Vazquez v. Beharry)

The court providently exercised its discretion in denying plaintiffs’ motion and deeming defendants’ answer timely served nunc pro tunc. Plaintiffs’ acceptance of defendants’ answer, without objection, constituted a waiver of the late service and default (see Ligotti v Wilson, 287 AD2d 550, 551 [2001]).