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RYAN v. BREEZY POINT COOPERATIVE, INC.

2009-09722

76 A.D.3d 523 (2010)

904 N.Y.S.2d 910

RICHARD RYAN, Appellant, v. BREEZY POINT COOPERATIVE, INC., Respondent, et al., Defendant.

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

Decided August 3, 2010.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Breezy Point Cooperative, Inc., pursuant to CPLR 3012 (d) to compel the plaintiff to accept its answer as timely is denied.

To compel the plaintiff to accept an untimely answer as timely, a defendant must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action (see Juseinoski v...

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