Emigrant Bank v. Rosabianca

The record before us supports a finding that defendants Carmelo and Vivian Rosabianca should have been granted permission to interpose a late answer, upon consideration of every applicable factor. Most notably, the motion court failed to consider “the strong public policy in favor of resolving cases on the merits,” which we have held normally weighs in favor of granting such motions (Artcorp Inc. v Citirich Realty Corp., 140 AD3d 417, 418 [1st Dept 2016]). That is particularly appropriate here, where the movants demonstrated, although “not essential” on this prejudgment request to file a late…