Opinion
April 16, 1991
Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).
While the attorneys disputed whether plaintiff had served a reply to defendant's counterclaims by mail, the issue was immaterial, as any such failure was at worst inadvertent. Where the omission to reply, if any, caused defendant no prejudice and was corrected by plaintiff upon the first mention thereof to him, the omission should be excused and the counterclaims should proceed to determination on the merits (Stevenson Corp. v Dormitory Auth., 112 A.D.2d 113, 118).
Concur — Sullivan, J.P., Rosenberger, Kupferman, Asch and Kassal, JJ.