HSBC Bank USA v. Lugo

Tom, J.R, and DeGrasse, J.,

dissent in part in a memorandum by Tom, J.P., as follows: This Court is in agreement that defendant waived her right to seek dismissal of the complaint as abandoned pursuant to CPLR 3215 (c) and that she has not established the applicability of RPAPL 1304 so as to afford a basis for dismissal (RPAPL 1304 [5] [a] [iii]). However, I find that the motion court properly denied defendant’s motion to compel acceptance of the answer, given the absence of any excuse for the almost five-month delay in answering the complaint or the nearly two-year delay in making this motion…