Legal Opinion

Wells Fargo Bank, N.A. v. Chateau

New York Supreme Court

Decided April 24, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Joseph G. Golia, J.

Defendant seeks leave to file and serve a late answer pursuant to CPLR 3012 (d). To succeed on such a motion “a defendant must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action” (Community Preserv. Corp. v Bridgewater Condominiums, LLC, 89 AD3d 784, 785 [2d Dept 2011]).

“Whether there is a reasonable excuse for a default is a discretionary, sui generis determination to be made by the court based on all relevant factors, including the extent of the delay, whether there has been prejudice to the…

2Cases cited6 opinions

  1. Harcztark v. Drive Variety, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Wells Fargo Bank v. CerviniAppellate Division of the Supreme Court of the State of New York · 2011
  3. Community Preservation Corp. v. Bridgewater Condominiums, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  4. Armstrong Trading, Ltd. v. MBM EnterprisesAppellate Division of the Supreme Court of the State of New York · 2006
  5. Barbour v. Hospital for Special SurgeryAppellate Division of the Supreme Court of the State of New York · 1991

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