Crimmins v. Polhemus

This is a motion by defendant to compel the plaintiff, who filed a properly verified complaint in this conversion action, but served a copy with defective verification, to accept an unverified answer. The defective verification was in the usual form, dated and signed by a notary public, but omitted the plaintiff’s signature. The defendant, treating the complaint as unverified, served an unverified answer which was returned.

It appears'that the plaintiff, who is a lawyer, had no knowledge or notice of the defective verification until he received the notice of this motion. Within a few days…