Crown Waterproofing, Inc. v. Tadco Construction Corp.

By order to show cause dated May 3, 2010, the plaintiff moved, inter alia, pursuant to CPLR 3126 to strike the defendant’s answer and for leave to enter a judgment in favor of the plaintiff and against the defendant in the principal sum of $22,365.22. The defendant did not oppose the motion. However, although the order to show cause directed the plaintiff to serve the order to show cause and supporting papers upon the defendant’s attorney on or before 5:00 p.m. on May 3, 2010, the *965plaintiff did not properly serve the defendant’s attorney within the prescribed time (see CPLR 2214 [d]; Matter…