TaiLexi AI U.S. Case Law

People v. BBC Properties Portfolio Corp.

In the Matter of People of the State of New York v. BBC Properties Portfolio Corp., and Steven Bloom

People v. BBC Props. Portfolio Corp., 281 A.D.2d 549 (2001)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
March 19, 2001
Citations
281 A.D.2d 549721 N.Y.S.2d 8252001 N.Y. App. Div. LEXIS 2649

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

—In a proceeding, inter alia, pursuant to Executive Law § 63 (12) to permanently enjoin certain allegedly fraudulent business activity, Steven Bloom and Ronald Jacobson appeal from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered January 5, 2000, which denied their motion pursuant to CPLR 3012 (d) for an extension of time to serve an answer to the petition.

Ordered that the order is affirmed, with costs.

To prevail on their motion for an extension of time to serve an answer, the appellants were obligated to demonstrate a reasonable excuse for the delay {see, CPLR 3012 [d]). Whether an excuse is reasonable is a matter within the sound discretion of the trial court (see, Special Prods. Mfg. v Douglass, 159 AD2d 847 ). The appellants failed to adequately explain the reason for their three-month delay, which was vaguely attributed to a lack of available documentation from their title insurance carrier and “apparent” law office failure. Under the facts of this case, the purported excuse was insufficient to establish a reasonable excuse (see, Miles v Blue Label Trucking, 232 AD2d 382 ; Martyn v Jones, 166 AD2d 508 ; Peters v Pickard, 143 AD2d 81 ; Chochla v Oak Beach Inn Corp., 115 AD2d 584 ). Santucci, J. P., S. Miller, McGinity and Smith, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2001: 12003: 120012026peak 2001 · 1

Relies on it most ⓘ

  1. Goldstein v. Lopresti284 A.D.2d 497 (2001)
  2. Sommers v. Sommers305 A.D.2d 662 (2003)

Most recent

  1. Sommers v. Sommers305 A.D.2d 662 (2003)
  2. Goldstein v. Lopresti284 A.D.2d 497 (2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Miles v. Blue Label Trucking, Inc., 232 A.D.2d 382 (1996) 48
Special Prods. Mfg., Inc. v. Douglass, 159 A.D.2d 847 (1990) 18
Peters v. Pickard, 143 A.D.2d 81 (1988) 16
Martyn v. Jones, 166 A.D.2d 508 (1990) 14
Chochla v. Oak Beach Inn Corp., 115 A.D.2d 584 (1985) 5

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list