Vellucci v. Home Depot U.S.A., Inc., 102 A.D.3d 767 (N.Y. App. Div. 2013). · Go Syfert
Vellucci v. Home Depot U.S.A., Inc., 102 A.D.3d 767 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Youth v. Grant (nyappdiv, 2015-03-18)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Youth v. Grant
N.Y. App. Div. · 2015 · confidence medium
The defendant demonstrated that he had a reasonable excuse for his default and a potentially meritorious defense to the action (see Fisch v Gold, 109 AD3d 870, 871 [2013]; Vellucci v Home Depot U.S.A., Inc., 102 AD3d 767, 767-768 [2013]).
discussed Cited as authority (rule) Klein v. Yeshiva M'kor Chaim
N.Y. App. Div. · 2014 · confidence medium
In light of the lack of prejudice to the plaintiff resulting from the defendants’ short delay in answering the complaint, the lack of willfulness on the part of the defendants, the existence of potentially meritorious defenses, and the public policy favoring the resolution of cases on the merits, the Supreme Court providently exercised its discretion in denying the plaintiff’s motion pursuant to CPLR 3215 for leave to enter a default judgment against the defendants and in granting the defendants’ separate cross motions pursuant to CPLR 3012 (d) to compel the plaintiff to accept their unt…
discussed Cited as authority (rule) Klein v. Yeshiva M'kor Chaim
N.Y. App. Div. · 2014 · confidence medium
In light of the lack of prejudice to the plaintiff resulting from the defendants’ short delay in answering the complaint, the lack of willfulness on the part of the defendants, the existence of potentially meritorious defenses, and the public policy favoring the resolution of cases on the merits, the Supreme Court providently exercised its discretion in denying the plaintiff’s motion pursuant to CPLR 3215 for leave to enter a default judgment against the defendants and in granting the defendants’ separate cross motions pursuant to CPLR 3012 (d) to compel the plaintiff to accept their unt…
discussed Cited as authority (rule) Fisch v. Gold
N.Y. App. Div. · 2013 · confidence medium
Upon consideration of all of the foregoing factors, we discern no basis for disturbing the Supreme Court’s discretionary determination (see Vellucci v Home Depot U.S.A., Inc., 102 AD3d 767, 767-768 [2013]; PDK Labs, Inc. v G.M.G.
discussed Cited as authority (rule) Fisch v. Gold
N.Y. App. Div. · 2013 · confidence medium
Upon consideration of all of the foregoing factors, we discern no basis for disturbing the Supreme Court’s discretionary determination (see Vellucci v Home Depot U.S.A., Inc., 102 AD3d 767, 767-768 [2013]; PDK Labs, Inc. v G.M.G.
discussed Cited as authority (rule) Fried v. Jacob Holding, Inc.
N.Y. App. Div. · 2013 · confidence medium
A motion for leave to extend the time to answer may be made under CPLR 3012 (d); “[u]pon the application of a party, the court may extend the time to appear or plead, or compel the acceptance of a pleading untimely served, upon such terms as may be just and upon a showing of reasonable excuse for delay or default” (CPLR 3012 [d]; see also 2004; Vellucci v Home Depot U.S.A., Inc., 102 AD3d 767, 767-768 [2013]).
discussed Cited as authority (rule) Fried v. Jacob Holding, Inc.
N.Y. App. Div. · 2013 · confidence medium
A motion for leave to extend the time to answer may be made under CPLR 3012 (d); “[u]pon the application of a party, the court may extend the time to appear or plead, or compel the acceptance of a pleading untimely served, upon such terms as may be just and upon a showing of reasonable excuse for delay or default” (CPLR 3012 [d]; see also 2004; Vellucci v Home Depot U.S.A., Inc., 102 AD3d 767, 767-768 [2013]).
Retrieving the full opinion text from the archive…
Thomas Vellucci
v.
Home Depot U.S.A., Inc.
Appellate Division of the Supreme Court of the State of New York.
Jan 16, 2013.
102 A.D.3d 767
Cited by 11 opinions  |  Published

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated May 25, 2012, as denied his motion for leave to enter a judgment on the issue of liability against the defendant, upon its default in appearing or answering, and granted that branch of the defendant’s cross motion which was, in effect, to vacate its default in appearing or answering and pursuant to CPLR 3012 (d) to compel the plaintiff to accept its late answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff’s motion for leave to enter a judgment against the defendant, upon its default in appearing or answering, and in granting that branch of the defendant’s cross motion which was, in effect, to vacate its default and to compel the plaintiff to accept its late answer (see CPLR 2004, 3012 [d]). While the defendant promptly sought an extension of time to answer, the plaintiff ignored this request and instead moved for leave to enter a judgment against the defendant upon its failure to appear or answer. Thereafter, less than one month after its time to answer had expired, the defendant served an answer. The defendant acted diligently and never intended to abandon its defense (see Arias v First Presbyt. Church in Jamaica, 97[*768] AD3d 712, 712 [2012]; Covaci v Whitestone Constr. Corp., 78 AD3d 1108, 1108 [2010]; Sitigus Foods Corp. v 72-02 N. Blvd. Realty Corp., 293 AD2d 597, 597 [2002]). In light of the lack of prejudice to the plaintiff resulting from the defendant’s short delay in serving an answer, the lack of willfulness on the part of the defendant, the existence of a potentially meritorious defense, and the public policy favoring the resolution of cases on the merits, the Supreme Court providently exercised its discretion in denying the plaintiffs motion for leave to enter judgment on the issue of liability against the defendant (see CPLR 2004; Zeccola & Selinger, LLC v Horowitz, 88 AD3d 992, 993 [2011]; Feder v Eline Capital Corp., 80 AD3d 554, 555 [2011]; Covaci v Whitestone Constr. Corp., 78 AD3d at 1108; Klughaupt v Hi-Tower Contrs., Inc., 64 AD3d 545, 546 [2009]), and in granting that branch of the defendant’s cross motion which was, inter alia, to compel the plaintiff to accept its late answer (see CPLR 3012 [d]).

The defendant’s remaining contention is without merit. Rivera, J.P., Dickerson, Leventhal and Lott, JJ., concur.