Practice point: Pursuant to CPLR 3012(d), a trial court has the discretionary power to extend
the time to plead, or to compel acceptance of an untimely pleading on terms that may be just, if there is a showing of a
reasonable excuse for the delay. In reviewing a discretionary
determination, the question is whether the court providently
exercised its discretion.
Case: Emigrant Bank v. Rosabianca, NY Slip Op 08716 (1st Dep't December 14, 2017)
Here is the decision.
