Legal Opinion

Hermele v. Sumkin

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

Decided April 9, 2001PublishedCited by 1 opinion

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

  1. Parker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
  2. De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Gambardella v. Ortov Lighting, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Kyriacopoulos v. Mendon Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Gleissner v. SinghAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by1 opinion

  1. Parratta v. McAllisterAppellate Division of the Supreme Court of the State of New York · 2001

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