Ocean Independent Bank v. Tyrnauer

Full title: OCEAN INDEPENDENT BANK, Respondent, v. JUDA TYRNAUER et al., Appellants…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 28, 1991

176 A.D.2d 926 (N.Y. App. Div. 1991)

575 N.Y.S.2d 540

Opinion

October 28, 1991

Appeal from the Supreme Court, Orange County (Ingrassia, J.).

Ordered that the orders are affirmed, with one bill of costs.

We find that the default was deliberate and was not validly explained. Although ongoing settlement negotiations may constitute a valid excuse for a defendant's failure to timely serve an answer (see, Pettinato v. Sunscape At Bay Shore Home Owners Assn., 97 A.D.2d 434), it does not appear from this record that there were ongoing settlement negotiations between the parties, nor was any extension of time to answer granted by the plaintiff's attorney. Thompson, J.P., Kunzeman, Lawrence and Miller, JJ., concur.