Rossini Excavating Corp. v. Shelter Rock Builders, LLC
Cases that cite this one
2 later published cases cite this decision.
- Bhugra v. Massachusetts Casualty Insurance (Appellate Division of the Supreme Court of New York 2013)
- Bhugra v. Massachusetts Casualty Insurance (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There was no default in answering. Plaintiff waived its objections to the untimeliness of defendants’ answer by serving a reply to the counterclaims after rejecting the late answer and moving for a default judgment (cf. Oparaji v Duran, 18 AD3d 725 [2005]). In view of the foregoing, whether defendant demonstrated the grounds required for vacatur of a default and the other issues arising from the subsequent chain of events are academic. Concur — Mazzarelli, J.P, Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.