Iovine v. Caldwell

Mercure, J. Appeal from an order of the Supreme Court (Viscardi, J.), entered August 10, 1994 in Essex County, which granted plaintiffs’ motion to compel acceptance of plaintiffs’ untimely reply.

In March 1993, plaintiffs commenced this action under RPAPL article 15 for a declaration, inter alia, that they are entitled to use of the entire length of a mapped roadway designated "E”, providing access to their contiguous lots numbered 1, 3, 5, 7, 9, 11 and 13 in the Fraternaland subdivision in the Town of Schroon, Essex County. In April 1993, defendants served an answer which, among other things,…