Plaintiff moves for summary judgment in an action to recover insurance premiums. Pursuant to CPLR 2214 (subd [b]) the notice of motion demanded that answering affidavits, if any, be served five days before the return date.
The attorney for the defendant not only disregarded the demand, but also disregarded the requirement of CPLR 2214 (subd [b]) that even absent such a demand, answering...
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