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U.S. BANK N.A. v. BARKER PROJECT LLC

Index No. 809792/21. Appeal No. 868. Case No. 2023-00738.

220 A.D.3d 588 (2023)

197 N.Y.S.3d 51

2023 NY Slip Op 05384

U.S. Bank National Association, Respondent, v. Barker Project LLC et al., Appellants.

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

Decided October 24, 2023.

Attorney(s) appearing for the Case

The Law Office of Diana Rubin, Manhasset ( Diana Rubin of counsel), for appellants.

Roach & Lin, P.C., Syosset ( Edward Rugino of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Rodriguez, Pitt-Burke, Higgitt, Rosado, JJ.

Order, Supreme Court, Bronx County (Fidel E. Gomez, J.), entered January 5, 2023, which, insofar as appealed from as limited by the briefs, denied defendants' motion for leave to file a late answer, unanimously affirmed without costs.

CPLR 3012(d) provides that a court has the discretionary power to extend the time to plead, or to compel acceptance of an untimely pleading "upon such terms as may be just," provided that there is a showing of a reasonable excuse for...

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