In order to extend the time to answer a complaint and to compel the plaintiff to accept late service of the answer pursuant to CPLR 3012(d), a defendant must submit a reasonable excuse for the default and demonstrate a potentially meritorious defense to the action. Here, the defendants' excuse that the minimal delay in serving their answer was due to their attorney's illness, as corroborated by medical documentation, is reasonable.
HSBC Bank USA v. Pantel, NY Slip Op 04954 (2d Dep't August 17, 2022)
