Eaton v. Equitable Life Assurance Society of the United States, Inc.

Gibbons, J.,

dissents and votes to affirm the order, with the following memorandum, in which Lazer, J., concurs: William Eaton, an employee of the defendant Marine Midland Bank, commenced this action to recover $6,780 for medical and hospital costs by the service of a summons and complaint on December 19, 1979. Following appellant’s failure to serve its answer, after it had obtained three oral extensions of time, the first being for a period of eight days to January 17, the second being for nine days from January 23 to February 1, and the last being on February 7, 1980, when it was agreed by…