This action to recover for the nonpayment of moneys due upon a contract to build a barn was commenced by personal service of a summons and complaint on November 2, 1982. The answer was required to be served by November 22, 1982 (CPLR 3012, subd [a]). On December 30, 1982, an answer had not as yet been furnished and plaintiff moved for a default judgment. Included in defendant's answering affidavits was a proposed answer with a counterclaim. These opposition papers permit...
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