JEFFREY L. ROSENBERG & ASSOCIATES, LLC v. LAJAUNIE


35 A.D.3d 668 (2006)

824 N.Y.S.2d 920

JEFFREY L. ROSENBERG & ASSOCIATES, LLC, Respondent, v. PHILIPPE LAJAUNIE et al., Appellants.

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

Decided December 19, 2006.


Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the motion is granted, and the verified answer is deemed served upon the plaintiff.

The Supreme Court improvidently exercised its discretion in denying the defendants' motion pursuant to CPLR 3012 (d) to vacate their default in appearing and answering and to compel the plaintiff to accept their verified answer, which was served 10 days late. Although a Judicial Hearing Officer...

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