Smoke v. Windermere Owners, LLC

— Order, Supreme Court, New York County (Milton A. Tingling, J), entered July 20, 2012, which denied plaintiffs motion for a default judgment, unanimously affirmed, without costs.

By submitting the affirmation of their attorney, stating that defendants’ verified answer was served two days late due to a calendaring error by their counsel, defendants have shown excusable default for the untimely service of that pleading (see CPLR 2005, 3012 [d]; Barsel v Green, 264 AD2d 649 [1st Dept 1999]; Tutuianu v State of N.Y. Dept, of Social Servs., 242 AD2d 476 [1st Dept 1997]). In response, plaintiff has…