Legal Opinion
U.S. Bank National Ass'n v. Barr
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 2016No. 2015-03111PublishedCited by 23 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendants Ronit Barr and Shaul Barr appeal from an order of the Supreme Court, Nassau County (Adams, J.), entered January 14, 2015, which denied their motion to compel the plaintiff to accept their late answer and to dismiss the complaint insofar as asserted against them.
Ordered that the order is affirmed, with costs.
In order to compel the plaintiff to accept their untimely answer, which was late by several months, the appellants were required to demonstrate both a reasonable excuse for their delay and a potentially meritorious defense (see CPLR 3012…
2Cases cited4 opinions
- Wells Fargo Bank v. CerviniAppellate Division of the Supreme Court of the State of New York · 2011
- Citimortgage, Inc. v. BustamanteAppellate Division of the Supreme Court of the State of New York · 2013
- GMAC Mortgage, LLC v. GuccioneAppellate Division of the Supreme Court of the State of New York · 2015
- Deutsche Bank National Trust Co. v. KuldipAppellate Division of the Supreme Court of the State of New York · 2016
3Cited by23 opinions
- Bank of N.Y. Mellon Trust Co. N.A. v. HsuAppellate Division of the Supreme Court of the State of New York · 2022
- LaSalle Bank, N.A. v. LoRussoAppellate Division of the Supreme Court of the State of New York · 2017
- HSBC Bank USA, N.A. v. HutchinsonAppellate Division of the Supreme Court of the State of New York · 2023
- 555 Prospect Associates, LLC v. Greenwich Design & Development Group Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Kamil El-Deiry & Assoc. CPA, PLLC v. Excellent Home Care Servs., LLCAppellate Division of the Supreme Court of the State of New York · 2022
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