American Security Insurance v. Williams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Casey, J.
Appeal from an order of the Supreme Court (Brown, J.), entered October 2, 1990 in Saratoga County, which denied defendant’s motion to compel plaintiff to accept service of defendant’s answer.
When plaintiff returned defendant’s answer because it was some five days late, defendant moved pursuant to CPLR 3012 (d) for an order compelling plaintiff to accept her answer. The motion was accompanied by an affidavit from defendant’s *1095attorney explaining the reason for the delay and an affidavit from defendant setting forth a defense. Although plaintiffs attorney submitted affidavits…
2Cases cited6 opinions
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- Better v. Town of SchodackAppellate Division of the Supreme Court of the State of New York · 1991
- Ching v. ChingAppellate Division of the Supreme Court of the State of New York · 1986
- Forastieri v. HassetAppellate Division of the Supreme Court of the State of New York · 1990
- Goracy v. Burns, Brooks & McNeilAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by6 opinions
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- Nutting v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1993
- Dale v. Emerson Electric Co.Appellate Division of the Supreme Court of the State of New York · 1995
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