Carrano v. City of New York

In a negligence action to recover damages for personal injuries, defendant appeals from so much of an order of the Supreme Court, Queens County, dated September 14, 1965, as, in granting its motion to vacate its default in serving its answer to the complaint, imposed the condition that defendant waive the defense of the Statute of Limitations. Order reversed insofar as appealed from, without costs, and motion granted unconditionally. It appears that the defendant city’s 28-day delay in serving an answer was due to inadvertence caused by the heavy press of work and that the Statute of…