Legal Opinion

Bank of New York Mellon v. Colucci

Appellate Division of the Supreme Court of the State of New York

Decided April 27, 2016Published

1Opinion of the Court

In an action to foreclose a mortgage, the defendant Donald Colucci appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), dated September 12, 2012, which denied his motion, inter alia, for leave to interpose a late answer.

Ordered that the order is affirmed, with costs.

“To extend the time to answer the complaint and 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” (Mannino Dev., Inc. v Linares, 117 AD3d 995, 995 [2014]; see CPLR 3012 [d];…

2Cases cited14 opinions

  1. Wells Fargo Bank v. CerviniAppellate Division of the Supreme Court of the State of New York · 2011
  2. Paulus v. Christopher Vacirca, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  3. White v. Daimler Chrysler Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  4. BAC Home Loans Servicing, LP v. ReardonAppellate Division of the Supreme Court of the State of New York · 2015
  5. Ogunmoyin v. 1515 Broadway Fee Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2011

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