2001 REAL ESTATE SPACE CATALYST, INC. v. STONE LAND CAPITAL, INC.

Index No. 653398/15. Appeal No. 13862N. Case No. 2020-04044.

194 A.D.3d 535 (2021)

143 N.Y.S.3d 882

2021 NY Slip Op 03138

2001 Real Estate Space Catalyst, Inc., Respondent, v. Stone Land Capital, Inc., et al., Appellants.

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

Decided May 18, 2021.


Attorney(s) appearing for the Case

The Berkman Law Office, LLC, Brooklyn ( Robert J. Tolchin of counsel), for appellants.

O'Brien Thornton LLC, New York ( Merrill O'Brien of counsel), for respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.


By order entered January 16, 2019, defendants were directed to serve their answer to the amended complaint within 20 days of service of notice of entry of the order. Defendants were served with notice of entry of the order on February 14, 2019 and they did not move for leave to file a late answer until 35 days later, on April 11, 2019, when plaintiff filed its request to enter a default judgment with the clerk. The court denied defendants' motion for leave to file a late...

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