Arcata Investment, Inc. v. Thomas

Appellate Division of the Supreme Court of New York

Arcata Investment, Inc. v. Thomas

292 A.D.2d 408, 738 N.Y.S.2d 860, 2002 N.Y. App. Div. LEXIS 2517

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 2002·Published

Opinion

In an action to foreclose a mortgage, the defendant Aron Malik appeals from an order of the Supreme Court, Kings County (Pincus, J.), dated July 12, 2000, which denied his motion pursuant to CPLR 3012 (d) for leave to serve a late answer and for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant’s motion as he failed to provide a reasonable excuse for his delay in serving an answer (see, CPLR 3012 [d]; Genen v McElroy, 213 AD2d 511). Ritter, J.P., Feuerstein, O’Brien, H. Miller and Townes, JJ., concur.

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In an action to foreclose a mortgage, the defendant Aron Malik appeals from an order of the Supreme Court, Kings County (Pincus, J.), dated July 12, 2000, which denied his motion pursuant to CPLR 3012 (d) for leave to serve a late answer and for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant’s motion as he failed to provide a reasonable excuse for his delay in serving an answer (see, CPLR 3012 [d]; Genen v McElroy, 213 AD2d 511). Ritter, J.P., Feuerstein, O’Brien, H. Miller and Townes, JJ., concur.

Arcata Investment, Inc. v. Thomas, 292 A.D.2d 408, 738 N.Y.S.2d 860, 2002 N.Y. App. Div. LEXIS 2517 (N.Y. Ct. App. 2002).

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292 A.D.2d 408 (Arcata Investment, Inc. v. Thomas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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