(Download) "Encarnacion Bermudez v. City New York" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Encarnacion Bermudez v. City New York
- Author : Supreme Court of New York
- Release Date : January 08, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Plaintiff sued for damages for personal injuries alleged to have been suffered as a result of a fall on a public sidewalk. Although the answer to the complaint was due on April 28, 1964, the Corporation Counsel did not serve the answer until May 8, 1964 -- ten days late. Plaintiff's counsel returned the proffered answer with a notice of rejection. Upon the motion to compel acceptance of the answer -- which in effect was an application to open a default -- the Corporation Counsel urged that due to the great volume of pleadings which were being processed in his office, there was an inadvertent failure to seek an extension of time to answer. Such an extension of time could have been, and unquestionably would have been granted by the court, even if refused by plaintiff, if application had been made before the expiration of the time to answer. (CPLR 2004.) The extraordinary aspect of this case and appeal is that the time of our courts should have been expended in a matter that properly should have been disposed of by the exercise of simple courtesy between attorneys.
