Legal Opinion
Emigrant Bank v. Rosabianca
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 2017No. 4227N 850136/14PublishedCited by 19 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Gerald Lebovits, J.), entered June 17, 2016, which denied the motion of defendants Carmelo and Vivian Rosabianca (the Rosabiancas), inter alia, to file a late answer pursuant to CPLR 3012 (d), affirmed, without costs.
Notwithstanding the Rosabiancas’ sympathetic position, we conclude that the denial of their motion for relief under CPLR 3012 (d) was warranted for the reasons that follow.
I. Factual and Procedural Background
Since 1974, the Rosabiancas have owned and lived at the residential property located at 2342 Benson Avenue in Brooklyn. Allegedly…
2Cases cited5 opinions
- Ford v. Unity HospitalNew York Court of Appeals · 1973
- Parlato v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 2002
- Guzetti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Oliveto Holdings, Inc. v. RattenniAppellate Division of the Supreme Court of the State of New York · 2013
- Artcorp Inc. v. Citirich Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2016
3Cited by19 opinions
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- Gordon Law Firm, P.C. v. Premier DNA Corp.Appellate Division of the Supreme Court of the State of New York · 2022
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