DEUTSCHE BANK NATIONAL TRUST COMPANY v. RUDMAN

2009-11192.

80 A.D.3d 651 (2011)

914 N.Y.S.2d 672

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. MANNES RUDMAN et al., Appellants, et al., Defendant.

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

Decided January 18, 2011.


Ordered that the order is affirmed, with costs.

In this action to foreclose a mortgage, the appellants did not answer the complaint until more than eight weeks after their time to do so expired and, even after their untimely answer was immediately rejected, they took no action to remedy their default until many months later. A defendant who seeks to extend the time to appear or to compel acceptance of an untimely answer must provide a reasonable excuse for the default...

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