Appellate Division of the Supreme Court of New York, 1920

Cohen v. Barrett

Cohen v. Barrett
Appellate Division of the Supreme Court of New York · Decided May 15, 1920
192 A.D. 917
Cohen v. Barrett

Opinion of the Court

Defendant served the answer after the time to answer had expired, and plaintiff was justified in rejecting it. Defendant’s remedy, if he has any, is by motion to open the default, The order is, therefore, reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.

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