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BEERMONT CORP. v. YAGER

34 A.D.2d 589 (1970)

Beermont Corp., Appellant, v. Paul Yager, Respondent

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

March 9, 1970

REYNOLDS, J.

While ordinarily respondent's failure to serve by registered or certified mail (CPLR 3216, subd. [b], par. [3]) his demand to file a note of issue might require a denial of the instant motion (see Leichter v. Murphy, 32 A.D.2d 811), we find no merit in this contention under the circumstances present in this case. Undeniably appellant received the demand and was in no way prejudiced as to a substantial...

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