Samaritan Hospital v. Derbedrosian

OPINION OF THE COURT

Joseph Harris, J.

Defendant moves for an order directing the plaintiff’s attorney to accept defendant’s answer.

This action was commenced on October 17, 1977 by personal service of a summons and verified complaint upon defendant. Plaintiff seeks to recover the value of certain medical services in the amount of $171.75. Defendant submitted an answer to plaintiff’s attorney on April 19, 1978 but it was not accepted.

Defendant now seeks to compel acceptance of the answer contending: (1) that the defendant refrained from submitting an answer because of "frequent and regular”…