Mark Anderson, Partner and Matthew Routh, Senior Associate, at Shiryak, Bowman, Anderson, Gill, & Kadochnikov LLP, recently secured a an interposed answer in a foreclosure case.
The firm’s client, the Defendant, faced a foreclosure lawsuit that was filed when the Defendant was out of the country.
Despite the Plaintiff’s claim that the Defendant’s company had been served with the complaint while the Defendant was out of the country, SBAGK immediately filed a responsive answer, including a “quiet title” counterclaim. This counterclaim aimed to establish the Defendant’s ownership of the property and protect their rights against any potential challenges.
When the Plaintiff initially rejected the Defendant’s counterclaim, SBAGK took action. Filing a motion compelling the Plaintiff to accept the Defendant’s answer pursuant to CPLR § 3012(d).
CPLR 3012(d) allows a party to request an extension of time to appear or respond in a legal action. The court has the discretion to grant this extension or to require the acceptance of a late pleading, provided the party shows a reasonable excuse for the delay or default. The court will also consider whether granting the extension would be fair under the circumstances.
The court ultimately ruled in favor of the Defendant, determining that the previously served answer was deemed served and should be accepted.
The decision can be read below.