CLARSON CONSTR. CO. v. VESPA


21 Misc.2d 149 (1959)

Clarson Construction Co., Inc., Plaintiff, v. Sal Vespa, Defendant.

Supreme Court, Special Term, Kings County.

December 14, 1959.


Attorney(s) appearing for the Case

William J. Kenney and E. S. Supple for plaintiff.

Mancuso & Aloi for defendant.


JACOB J. SCHWARTZWALD, J.

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...

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