SHAPIRO v. MARSTONE DISTRIBS., INC.


38 A.D.2d 604 (1971)

Benjamin Shapiro, Respondent, v. Marstone Distributors, Inc., Defendant, and United States Steel Corporation (Certified Industries Division), Appellant

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

December 27, 1971


Order reversed, with $10 costs and disbursements, and motion granted.

Appellant's answer to the complaint shall be served within 20 days after entry of the order to be made hereon. We find that the failure of appellant to serve an answer was not willful and was excusable under the circumstances. In its proposed answer, appellant raises the defense that plaintiff as landlord entered upon and used and occupied its premises under lease for his own purposes and the purposes...

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