The notice of motion contained a demand requiring that answering affidavits be served at least five days before the return date and nothing is raised to question that the notice and supporting affidavit had been served at least 10 days prior to said return. The only issue presented on this appeal concerns the disregard by Special Term of defendant's answering affidavit which, concededly, was not served timely. CPLR 2214 (subd. [b]) requires...
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