Clarson Construction Co. v. Vespa

Plaintiff moves, pursuant to section 98 of the Civil Practice Act to extend its time to reply to defendant’s counterclaim and for leave to serve such reply.

Movant contends in substance that following the receipt of defendant’s answer and counterclaim on April 7, 1959, the records of this case were, through clerical oversight, inadvertently filed among the closed matters in his office and by reason of this error no reply was interposed; that this oversight came to light early in November when the misfiling was discovered, whereupon a reply was prepared, sent to defendant’s attorney and the…