NOVAK & CO., INC. v. BD. OF HIGHER EDUC. OF THE CITY OF NEW YORK


45 A.D.2d 951 (1974)

Novak & Co., Inc., Appellant, v. Board of Higher Education of the City of New York (Bronx Community College), Respondent

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

September 24, 1974


There can be no question that the delay in service of an answer in this action to recover some $380,000 was not deliberate, but entirely inadvertent. While we recognize that the great volume of pleadings which are processed in the office of the Corporation Counsel will sometimes result in inadvertent failure timely to serve an answer, when such a default does occur any application to open such a default should not be treated in the cavalier fashion demonstrated by the moving...

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