Spence v. Davis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for an accounting and the partition and sale of real property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Toussaint, J.), dated January 7, 2015, as denied their motion for leave to enter a default judgment against the defendant upon his failure to answer and granted that branch of the defendant’s cross motion which was pursuant to CPLR 3012 (d) to compel them to accept his late answer.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court…
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