Exact Tool & Die Corp. v. Bittlingmaier

— Order unanimously reversed, without costs, and motion denied. Memorandum: It was an improvident exercise of Special Term’s discretion to grant plaintiff a default against defendant where defendant’s attorney had effected service of defendant’s answer two days late and appeared before Special Term on defendant’s behalf in opposition *1056to the motion for a default. The complaint was served on January 16, 1978, service of the answer was due 20 days thereafter (CPLR 3012, subd [a]). By stipulation that date was extended to February 15, 1978. Defendant’s verified answer dated February 16 was served…