A defendant seeking leave to file a late answer must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action. The determination of what constitutes a reasonable excuse lies within the sound discretion of the Supreme Court. Here, the court finds that the defendants' appearance and participation in mandatory foreclosure settlement conferences and their participation in loan modification negotiations does not constitute a reasonable excuse for their failure to file a timely answer.
Bank of Am., N.A. v. Viener, NY Slip Op 03557 (2d Dep't May 8, 2019)
Here is the decision.
