Citibank (New York State), N.A. v. Cummings

Appeal from an order of the County Court of Fulton County, entered January 24, 1980, which granted defendaiit’s motion to extend the time to serve her answer. The record reveals that the defendant’s answer was served three days late and immediately returned by counsel for plaintiff. Instead of moving to excuse the default, the defendant moved by order to show cause to extend the time to answer. Although the plaintiff in its moving papers correctly pointed out that the appropriate and only relief available would be a motion to be relieved from the default, the County Court nevertheless…