A. B. C. Carpet Co. v. Jason Minick, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHerlihy, P. J.
The action herein was commenced on January 6,1971 by the service of a summons and .complaint on behalf of the plaintiff. The statement required by CPLR 5531, attached to the record herein,- recites that the defendant Jason Minick, Inc. [hereinafter Minick] served its answer on December 27, 1972; however, the statement does not recite when and if the answer of the respondent was served, and/or when the cross claim contained in the answer was served on Minick. The motion papers contain an affirmation by the respondent’s substituted attorney wherein it is recited that, after the commencement of…
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