Fabre v. Damart Enterprises, Inc.

OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs and motion denied without prejudice to renewal upon proper papers.

Defendants, in support of their motion pursuant to CPLR 2004 to extend their time to answer the complaint, alleged that plaintiffs attorney orally agreed to such extension but thereafter denied such agreement and rejected the answer as untimely. Defendants’ application included a copy of the proposed answer to the complaint, but it was unverified. The Civil Court granted defendants’ motion, even though it was not supported by an affidavit of merit. We now…