Cendant Mortgage Corp. v. Cadwell

Appellate Division of the Supreme Court of New York

Cendant Mortgage Corp. v. Cadwell

292 A.D.2d 558, 739 N.Y.S.2d 594, 2002 N.Y. App. Div. LEXIS 3162

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

DecidedMarch 25, 2002

StatusPublished

This text of 292 A.D.2d 558 (Cendant Mortgage Corp. v. Cadwell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cendant Mortgage Corp. v. Cadwell, 292 A.D.2d 558, 739 N.Y.S.2d 594, 2002 N.Y. App. Div. LEXIS 3162 (N.Y. Ct. App. 2002).

Pincite

Opinion

In an action to foreclose a mortgage, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated May 14, 2001, as denied that branch of their motion which was to extend their time to serve an answer.

Ordered that the appeal by the defendant Loretta Cadwell is dismissed as abandoned; and it is further,

Ordered that the order is affirmed insofar as appealed from by the defendant Earl Cadwell; and it is further,

Ordered that the respondent is awarded one bill of costs.

Contrary to the contentions of the appellant Earl Cadwell, the Supreme Court properly denied that branch of the defendants’ motion which was to extend his time to serve his answer. He failed to show a reasonable excuse for his default in answering or a meritorious defense (see CPLR 2004; see Tewari v Tsoutsouras, 75 NY2d 1, 12). Florio, J.P., S. Miller, McGinity and Adams, JJ., concur.

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