Appellate Division of the Supreme Court of the State of New York December 14, 2017, 4227N 850136/14 (Emigrant Bank v. Rosabianca)

Gesmer, J.,

dissents in a memorandum as follows: The record before us supports a finding that defendants Carmelo and Vivian Rosabianca should have been granted permission to interpose a late answer, upon consideration of every applicable factor.