Kaufman v. Mallin

This motion by a defendant to compel his codefendant to accept service of his answer containing a cross complaint against the latter is granted.

Under the Civil Practice Act such service could be made at any time up to 20 days before the trial and no pleading responsive thereto was required. CPLR has changed the procedure with respect to cross claims. An answer to a cross claim is now required by CPLR 3011. But there is no special provision as *542to its service upon a codefendant. Its service is governed by the general provisions in CPLB 3012 that a subsequent pleading (after the complaint) which…