What is the test for determining whether a delay in making an application was deliberate or deliberate?
"New York", United States of America
The following excerpt is from Ackerman v. Berkowitz, 2016 N.Y. Slip Op. 26412, 43 N.Y.S.3d 720, 54 Misc.3d 867 (N.Y. Civ. Ct. 2016):
41 See, 75 Fort Wash., LLC v. Polanco, 53 Misc.3d 151(A), 2016 N.Y. Slip Op 51695(U), 2016 WL 7007802 (App.Term 1st Dept.)"[t]he record simply does not support respondents' claim that petitioner's failure to appear was willful or part of a pattern of delay."
42 See affidavit sworn to on March 17, 2015.
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