Old Colony Bank & Trust Co. v. Tacey Transport Corp.

1. As no default had been entered (see Ricciardelli v. Ricciardelli, 4 Mass. App. Ct. 121, 123 [1976]; Petti v. Putignano, 8 Mass. App. Ct. 293, 297 [1979]; 10 Wright & Miller, Federal Practice and Procedure § 2682 [1973]), and as there had been no timely motion under Mass.R.Civ.P. 6(b)(1), 365 Mass. 747-748 (1974), to enlarge the time period set out in Mass.R.Civ.P. 12(a)(1), 365 Mass. 754 (1974), the propriety of the denial of the defendants’ motion for leave to file their answers and counterclaims late must be determined *826with reference to the standard of “excusable neglect” (as to which…