New York Supreme Court December 12, 2011 (HSBC Bank USA, N.A. v. Cayo)

OPINION OF THE COURT

Herbert Kramer, J.

Is it equitable to permit the defendant in a foreclosure action to file an answer two years post-commencement? In this action, where the defendant alleges valid affirmative defenses and the parties have engaged in both private and court supervised negotiations, this court holds that equity permits the filing of a late answer.