United Equity Services, Inc. v. First American Title Insurance

The motion for an assessment of damages pursuant to CPLR 3215, is denied. In the alternative the defendant, First American Title Insurance Company of New York, shall serve its answer within 10 days of the date of this order.

The plaintiff’s position in seeking an assessment of damages under CPLR 3215 is based on a failure by the defendant, First American Title Insurance Company of New York, to answer the first of the two causes of action contained in the complaint, *255Prior to the expiration of the stipulated time to serve an answer to the entire complaint, the defendant under CPLR 3211 (subd.…