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MAJADA INC. v. E&A RE CAPITAL CORP.

Index No. 29219/19E. Appeal No. 16042. Case No. 2021-04640.

205 A.D.3d 648 (2022)

170 N.Y.S.3d 18

2022 NY Slip Op 03476

Majada Inc., Appellant, v. E&A RE Capital Corp., Respondent, et al., Defendants.

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

Decided May 31, 2022.

Attorney(s) appearing for the Case

Fadullon Dizon Krul, LLP, Jericho ( Juan Paolo Dizon and Alexander Krul of counsel), for appellant.

Shiryak, Bowman, Anderson, Gill & Kadochnikov, LLP, Kew Gardens ( Matthew J. Routh of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, Scarpulla, Pitt, JJ.

Supreme Court should have denied E&A's cross motion insofar as it sought to compel plaintiff to accept its untimely answer, as E&A failed to show a reasonable excuse for its default in serving the answer (CPLR 3012[d]; see Nouveau El. Indus., Inc. v Tracey Towers Hous. Co., 95 A.D.3d 616, 618 [1st Dept 2012]). E&A asserted that it did not receive the summons and complaint,...

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