Legal Opinion
JP Morgan Chase Bank v. Palma
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 2014PublishedCited by 4 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Norma Palma appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered July 2, 2012, which denied her motion pursuant to CPLR 3012 (d) to compel the plaintiff to accept her untimely answer.
Ordered that the order is affirmed, with costs.
“To compel the plaintiff to accept an untimely answer as timely, a defendant must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action” (Ryan v Breezy Point Coop., Inc., 76 AD3d 523, 524 [2010]; see Community Preserv. Corp. v Bridgewater…
2Cases cited9 opinions
- Maspeth Federal Savings & Loan Ass'n v. McGownAppellate Division of the Supreme Court of the State of New York · 2010
- Star Industries, Inc. v. Innovative Beverages, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Antoine v. BeeAppellate Division of the Supreme Court of the State of New York · 2006
- Community Preservation Corp. v. Bridgewater Condominiums, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Levi v. LeviAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by4 opinions
- BAC Home Loans Servicing, LP v. ReardonAppellate Division of the Supreme Court of the State of New York · 2015
- U.S. Bank National Ass'n v. SachdevAppellate Division of the Supreme Court of the State of New York · 2015
- Aurora Loan Servs., LLC v. MovtadyAppellate Division of the Supreme Court of the State of New York · 2018
- Deutsche Bank Natl. Trust Co. v. SaketosAppellate Division of the Supreme Court of the State of New York · 2018