Rossini Excavating Corp. v. Shelter Rock Builders, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
There was no default in answering. Plaintiff waived its objections to the untimeliness of defendants’ answer by serving a reply to the counterclaims after rejecting the late answer and moving for a default judgment (cf. Oparaji v Duran, 18 AD3d 725 [2005]). In view of the foregoing, whether defendant demonstrated the grounds required for vacatur of a default and the other issues arising from the subsequent chain of events are academic. Concur — Mazzarelli, J.P, Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.
2Cases cited1 opinion
- Oparaji v. DuranAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by2 opinions
- Bhugra v. Massachusetts Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2013
- Bhugra v. Massachusetts Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2013