Legal Opinion

Community Preservation Corp. v. Bridgewater Condominiums, LLC

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

Decided November 9, 2011PublishedCited by 29 opinions

1Opinion of the Court

The Supreme Court properly granted that branch of the plaintiffs motion which was for leave to enter a judgment upon the failure of the defendants Bridgewater Condominiums, LLC, and Benzion Stiel (hereinafter together the defendants) to appear or answer, and denied the defendants’ cross motion pursuant to CPLR 3012 (d) to compel the plaintiff to accept their *785answer as timely. To successfully oppose the plaintiffs motion, 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…

2Cases cited5 opinions

  1. Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
  2. Maspeth Federal Savings & Loan Ass'n v. McGownAppellate Division of the Supreme Court of the State of New York · 2010
  3. Antoine v. BeeAppellate Division of the Supreme Court of the State of New York · 2006
  4. Kouzios v. DeryAppellate Division of the Supreme Court of the State of New York · 2008
  5. Dance Magic, Inc. v. Pike Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by29 opinions

  1. Dyer Trust 2012-1 v. Global World Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  2. Bank of America, N.A. v. AgarwalAppellate Division of the Supreme Court of the State of New York · 2017
  3. Federal National Mortgage Ass'n v. ZapataAppellate Division of the Supreme Court of the State of New York · 2016
  4. Cumanet, LLC v. MuradAppellate Division of the Supreme Court of the State of New York · 2020
  5. BAC Home Loans Servicing, LP v. ReardonAppellate Division of the Supreme Court of the State of New York · 2015

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