MATTER OF CLAREMONT GARDENS, INC. v. BARKER


282 A.D. 1069 (1953)

In the Matter of Claremont Gardens, Inc., Respondent, v. Charles Barker, as Deputy Commissioner of Public Works in Charge of Bureau of Buildings in The City of Mount Vernon, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 28, 1953.


Order modified by striking therefrom the first and second ordering paragraphs and by adding thereto a new paragraph providing that the time in which to serve an answer be extended. As so modified, the order is unanimously affirmed, without costs; the time to serve an answer is extended until ten days after the entry of an order hereon.

From the face of the petition and the affidavit in support thereof it cannot be said as matter of law that willful delay in the issuance...

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