October 3, 2022

An untimely answer.

In order to compel the plaintiff to accept an untimely answer, the defendant must demonstrate that there is a reasonable excuse for the delay and a potentially meritorious defense to the action. As an exercise of its discretion, the court may accept law office failure as a reasonable excuse, where there is a detailed and credible explanation. However, a pattern of willful default and neglect will not be excused.

Hingorani v. Venus Enters. 11 Corp., NY Slip Op 05206 (2d Dep't September 21, 2022)

Here is the decision.