GOODSELL v. DAVENPORT


97 A.D.2d 636 (1983)

Clifford Goodsell, Respondent, v. Carol Davenport, Appellant

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

October 20, 1983


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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