Glens Falls Insurance v. Russo

Plaintiff moves for summary judgment in an action to recover insurance premiums. Pursuant to CPLR 2214 (subd [b]) the notice of motion demanded that answering affidavits, if any, be served five days before the return date.

The attorney for the defendant not only disregarded the demand, but also disregarded the requirement of CPLR 2214 (subd [b]) that even absent such a demand, answering affidavits are required to be served at least two days before the return date. Worse than that, the attorney for the defendant even refrained from delivering the answering affidavit to the plaintiff’s counsel…