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  5. 88 A.D.2d 649 (1982)
 

ABLE BREAKING CORP. v. CONSOL. EDISON CO. OF NEW YORK, INC.

88 A.D.2d 649 (1982)

Able Breaking Corp., Respondent, v. Consolidated Edison Company of New York, Inc., Appellant

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

May 24, 1982

Order reversed, with $50 costs and disbursements, defendant's motion granted and order dated May 5, 1981 vacated.

The answer to the amended complaint annexed to the moving papers is deemed served. Defendant's answer to the amended complaint was timely, having been mailed on January 5, 1981, the last day of defendant's extended time to effect a joinder of issue (CPLR 2103, subd [b], par 2). Moreover, plaintiff's objection to the answer served, that it was unverified...

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