Security Title & Guaranty Co. v. Wolfe

Order, Supreme Court, New York County, entered February 3, 1976 denying plaintiff’s motion for entry of a default judgment against defendant Wolfe and dismissing plaintiff’s action as to him, modified, on the law, to the extent of reinstating this action providing the complaint is served within 20 days after service of a copy of the order to be entered herein and, as so modified, affirmed, without costs and without disbursements. Though defendant’s appearance in this action initially was not timely the parties thereafter stipulated to extend his time "to appear and answer” thus waiving any…