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Velma SPENCE, et al., appellants, v. I

Lazarowitz Law, P.C., Hempstead, N.Y. (Harvey O. Lazarowitz of counsel), for appellants.

JOHN M. LEVENTHAL, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and SYLVIA O. HINDS–RADIX, JJ.

In an action, inter alia, for an accounting and the partition and sale of real property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Toussaint, J.), dated January 7, 2015, as denied their motion for leave to enter a default judgment against the defendant upon his failure to answer and granted that branch of the defendant's cross motion which was pursuant to CPLR 3012(d) to compel them to accept his late answer.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to enter a default judgment against the defendant upon his failure to answer and granting that branch of the defendant's cross motion which was pursuant to CPLR 3012(d) to compel the plaintiffs to accept his late answer (see CPLR 2004 ). Upon service of the plaintiffs' summons with notice, the defendant timely appeared and demanded a complaint. After the plaintiffs served a was properly denied and that branch of the defendant's cross motion which was to compel the plaintiffs to accept his late answer was properly granted (see CPLR 2004, 3012[d] ; Alonso v. Lorimik Realty Corp., 131 A.D.3d 496, 14 N.Y.S.3d 713 ; Gonzalez v. Seejattan, 123 A.D.3d 762, 763, 996 N.Y.S.2d 536 ; Evans v. Sandoval, 121 A.D.3d 1037, 994 N.Y.S.2d 314 ; Arteaga v. Adom Rental Transp., Inc., 121 A.D.3d 931, 932, 993 N.Y.S.2d 916 ).

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Spence v. Davis
(May 4, 2016)