BENEFICIAL HOMEOWNER SERVICE CORPORATION v. CHARLES

2011-01546.

95 A.D.3d 1049 (2012)

943 N.Y.S.2d 904

2012 NY Slip Op 3791

BENEFICIAL HOMEOWNER SERVICE CORPORATION, Respondent, v. HIRAM CHARLES, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 15, 2012.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the motion of the defendant Hiram Charles, in effect, to vacate his default in appearing or answering, and pursuant to CPLR 3012 (d) to compel the plaintiff to accept his late answer, since he failed to demonstrate the existence of a potentially meritorious defense to the action (see Intervest Natl. Bank v Ashburton 70, LLC...

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