Town of Greenburgh v. Country Ridge Associates

This action was commenced by the service of a summons and complaint on July 19, 1961. The defendant’s answer was served on July 31, and the defendant’s time to serve an amended answer as of right had expired when the plaintiff served a notice of motion for summary judgment which notice required the defendant to serve its answering *476affidavits, if any, five days before the return day of the motion. The defendant failed to serve answering affidavits. The defendant now moves for leave to serve an amended answer which is substantially the same as its original answer except for two new defenses.

The…