AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. MANNES RUDMAN et al., Appellants, et al., Defendant.

Ordered that the order is affirmed, with costs.

In this action to foreclose a mortgage, the appellants did not answer the complaint until more than eight weeks after their time to do so expired and, even after their untimely answer was immediately rejected, they took no action to remedy their default until many months later. A defendant who seeks to extend the time to appear or to compel acceptance of an untimely answer must provide a reasonable excuse for the default and show a potentially meritorious defense ( see Maspeth Fed. Sav. Loan Assn. v McGown, 77 AD3d 889). Here, the appellants failed to offer any excuse for their failure to timely answer the complaint ( id.; see Emigrant Mtge. Co., Inc. v Teel, 74 AD3d 1275, 1276). Since the appellants failed to offer a reasonable excuse, it is unnecessary to consider whether they demonstrated the existence of a potentially meritorious defense ( see Maspeth Fed. Sav. Loan Assn. v McGown, 77 AD3d at 889).

Accordingly, the Supreme Court properly denied the appellants' cross motion, inter alia, to vacate their default in answering and extend their time to answer, and properly granted the plaintiffs motion for leave to enter a judgment of foreclosure and sale against the appellants.

Use AI to get other relevant cases.

Comments

DEUTSCHE BANK NAT'L TRUST CO. v. RUDMAN
(Jan 18, 2011)