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Hermele v. Sumkin

282 A.D.2d 502 Court N.Y. App. Div. Decision date 2001-04-09 English

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p. 502
Jerry Hermele et al., Respondents, v Ira Sumkin et al., Defendants, and Incorporated Village of Freeport, Appellant.
[722 NYS2d 889]

—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.

p. 503
Ordered 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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