Hermele v. Sumkin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to foreclose a mortgage, the defendant Incorporated Village of Freeport appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated May 16, 2000, which denied its motion for leave to serve a late answer.
*503Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the appellant’s motion for leave to serve a late answer. The appellant failed to demonstrate both a reasonable excuse for its failure to timely answer and a meritorious defense to the action (see, Matter of Gambardella v Ortov Light., 278 AD2d 494;…
2Cases cited5 opinions
- Parker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
- Gambardella v. Ortov Lighting, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Kyriacopoulos v. Mendon Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Gleissner v. SinghAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by1 opinion
- Parratta v. McAllisterAppellate Division of the Supreme Court of the State of New York · 2001