Bond Stores, Inc. v. Turner

This is an appeal from an order of the Special Term granting defendants permission to serve and file an answer. No answer was served within twenty days of service of the summons and complaint. The motion herein was made more than one year after the expiration of the said twenty-day period.

The circumstances surrounding the failure to answer are unusual. When the original process was served, motion papers for an injunction pendente lite were simultaneously served. Upon argument of the motion, a temporary injunction was denied by the Special Term. An appeal was taken to this court, which…