CITIBANK (NEW YORK STATE) v. CUMMINGS


79 A.D.2d 1068 (1981)

Citibank (New York State), N. A., Appellant, v. Kathleen E. Cummings, Respondent

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

January 22, 1981


The record reveals that the defendant's answer was served three days late and immediately returned by counsel for plaintiff. Instead of moving to excuse the default, the defendant moved by order to show cause to extend the time to answer. Although the plaintiff in its moving papers correctly pointed out that the appropriate and only relief available would be a motion to be relieved from the default, the County Court nevertheless considered the matter on the merits and granted...

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