Fine v. Di Stanti

In an action on a promissory note, commenced pursuant to CPLR 3213, defendants Tommaso and Nelida Di Stanti appeal from an order of the Supreme Court, Westchester County, dated July 10, 1980, which, upon plaintiff’s motion to compel said defendants “to correct their amended answer and counterclaim”, struck the amended answer served as of course and denied their cross motion for leave to serve such amended answer. Order reversed, with $50 costs and disbursements, motion denied and cross motion granted. Plaintiff and defendants Ed Roberts Constructors, Inc., and Di Stanti Woodwork Corp. shall…