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