Halas v Dick’s Sporting Goods, 2013 NY Slip Op 02915 (4th Dept. 2013)
“Moreover, the court did not abuse its discretion in accepting late responding papers from plaintiff inasmuch as the court determined that plaintiff had demonstrated a ” valid excuse’ ” for the delay (Associates First Capital v Crabill, 51 AD3d 1186, 1188, lv denied 11 NY3d 702; seeCPLR 2214 [b]; Mallards Dairy, LLC v E & M Engrs. & Surveyors, P.C., 71 AD3d 1415, 1416). [*3]Notably, the delay was minimal and there was no showing of prejudice to defendant (see Associates First Capital, 51 AD3d at 1187-1188). Additionally, the court did not err in considering the affidavit submitted by plaintiff’s attorney in opposition to the motion (see generally Sokoloff v Harriman Estates Dev. Corp., 96 NY2d 409, 414; Leon v Martinez, 84 NY2d 83, 87-88).”
