Legal Opinion

Beneficial Homeowner Service Corp. v. Charles

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

Decided May 15, 2012PublishedCited by 1 opinion

1Opinion of the Court

In an action to foreclose a mortgage, the defendant Hiram *1050Charles appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Adams, J.), entered September 10, 2010, as denied his motion, inter alia, in effect, to vacate his default in appearing or answering, and pursuant to CPLR 3012 (d) to compel the plaintiff to accept his late answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the motion of the defendant Hiram Charles, in effect, to vacate his default in…

2Cases cited2 opinions

  1. Moriano v. Provident New York BancorpAppellate Division of the Supreme Court of the State of New York · 2010
  2. Intervest National Bank v. Ashburton 70, LLCAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by1 opinion

  1. First Republic Bank v. SalanderAppellate Division of the Supreme Court of the State of New York · 2015

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