HERMELE v. SUMKIN


282 A.D.2d 502 (2001)

722 N.Y.S.2d 889

JERRY HERMELE et al., Respondents, v. IRA SUMKIN et al., Defendants, and INCORPORATED VILLAGE OF FREEPORT, Appellant.

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

Decided April 9, 2001.


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 A.D.2d 494; Parker v City...

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