Appellate Division of the Supreme Court of New York, 2001

Hermele v. Sumkin

Hermele v. Sumkin
Appellate Division of the Supreme Court of New York · Decided April 9, 2001
282 A.D.2d 502; 722 N.Y.S.2d 889; 2001 N.Y. App. Div. LEXIS 3565
Hermele v. Sumkin

Opinion 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; Parker v City of New York, 272 AD2d 310; Gleissner v Singh, 264 AD2d 811; Kyriacopoulos v Mendon Leasing Corp., 216 AD2d 532; De Vito v Marine Midland Bank, 100 AD2d 530). S. Miller, J. P., Friedmann, Feuerstein and Schmidt, JJ., concur.

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