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KEENAN v. BRUCE

34 A.D.2d 648 (1970)

John Keenan, Respondent, v. David Bruce et al., Defendants, and Coastal Lumber Co., Appellant

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

April 6, 1970

Order reversed, on the law and the facts, without costs, and motion granted. Appellant shall serve its amended answer in accordance herewith within 20 days after entry of the order hereon.

In our opinion, the omission to make the denials in question was excusable. Plaintiff has not demonstrated any prejudice (Price v. Giffin, 32 A.D.2d 868; Kane v. Long Is. Jewish Hosp., 29 A.D.2d 554

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