TRUST MTGE., LLC v. ANDREWS

4737NA, 650699/15, 4737N.

154 A.D.3d 547 (2017)

61 N.Y.S.3d 898

2017 NY Slip Op 07321

TRUST MORTGAGE, LLC, Appellant, v. PETER ANDREWS et al., Respondents, et al., Defendant.

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

Decided October 19, 2017.


As it is clear from the record that defendants intended to contest this matter, and in fact submitted two answers, albeit with technical defects, prior to plaintiff filing the amended complaint, and in light of the lack of prejudice caused to plaintiff by defendants' brief delay in answering the amended complaint, Supreme Court did not abuse its discretion in granting the cross motion to compel plaintiff to accept service of the late answer (see Artcorp Inc. v Citirich...

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