HSBC BANK USA, NAT. v. LAFAZAN

2012-11040

115 A.D.3d 647 (2014)

983 N.Y.S.2d 32

2014 NY Slip Op 1436

HSBC BANK USA, NATIONAL ASSOCIATION, Respondent, v. JEFFREY LAFAZAN et al., Appellants, et al., Defendants.

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

Decided March 5, 2014.


In an action to foreclose a mortgage, the defendants Jeffrey Lafazan and Sandra Lafazan appeal from an order of the Supreme Court, Nassau County (Adams, J.), entered August 24, 2012, which denied their motion pursuant to CPLR 2004 and 3012 (d) to compel the plaintiff to accept their late answer.

Ordered that the order is affirmed, with costs.

"To compel the plaintiff to accept an untimely answer as timely, a defendant...

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