[App Term, 2d Dept Apr. 14, 2014].) Nor does landlord contend otherwise.
Given Lyutershteyn's brief, unprejudicial delay, and her potentially meritorious
defenses, her CPLR 3012 motion is granted. (See Emigrant Bank v Rosabianca, 156 AD3d 468, 472-473
[1st Dept 2017] [describing factors to be considered by the court on a CPLR 3012
motion].)
Accordingly, it is
ORDERED that landlord's motion for summary judgment against defendant
Kletsman (mot seq 001) is deemed withdrawn given the settlement between landlord and
Kletsman; and it is further
ORDERED that landlord's motion for default judgment against defendant
Lyutershteyn (mot seq 002) is denied; and it is further
ORDERED that Lyutershteyn's cross-motion under CPLR 3012 (d) to compel
landlord to accept her untimely answer (mot seq 002) is granted, and Lyutershteyn's
answer is deemed served and filed in the form appearing at NYSCEF No. 29; and it is
further
ORDERED that the parties shall appear before this court for a telephonic conference
on July 28, 2023.
DATE 7/3/2023