SPENCE v. DAVIS

2015-06947, Index No. 10395/14.

139 A.D.3d 703 (2016)

31 N.Y.S.3d 539

2016 NY Slip Op 03490

VELMA SPENCE et al., Appellants, v. IVAN DAVIS, Also Known as GEORGE DAVIS, Respondent.

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

Decided May 4, 2016.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion for leave to enter a default judgment against the defendant upon his failure to answer and granting that branch of the defendant's cross motion which was pursuant to CPLR 3012 (d) to compel the plaintiffs to accept his late answer (see CPLR 2004). Upon service of the plaintiffs...

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