Bermudez v. City of New York

Order entered June 10, 1964, granting defendant’s motion to compel plaintiff to accept an answer, unanimously affirmed, without costs. Plaintiff sued for damages for personal injuries alleged to have been suffered as a result of a fall on a public sidewalk. Although the answer to the complaint was due on April 28, 1964, the Corporation Counsel did not serve the answer until May 8, 1964—ten days late. Plaintiff’s counsel returned the proffered answer with a notice of rejection. Upon the motion to compel acceptance of the answer — which in effect was an application to open a default — the…