Practice point: The defendant did not waive the right to seek dismissal pursuant to CPLR 3215(c) by moving to vacate the default and for leave to serve a late answer. A defendant may waive the right to seek a dismissal by serving an answer or taking any other steps that may be seen as a formal or informal appearance. However, a CPLR 3012(c) motion for leave to serve an untimely answer does not constitute either a formal appearance, pursuant to CPLR 320, or an informal appearance, pursuant to CPLR 3012(d).
Case: HSBC Bank USA, N.A. v. Grella, NY Slip Op 08199 (2d Dep't December 7, 2016)
Here is the decision.
Tomorrow's issue: A property owner's liability under Labor Law § 240(1).
