PASSALACQUA v. BANAT


103 A.D.2d 769 (1984)

Jerry Passalacqua, Appellant, v. Robert Banat, Doing Business as Ridge Burglar Alarm Co., Respondent

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

July 9, 1984


¶ Order reversed, on the law and as an exercise of discretion, with costs, motion denied, and judgment entered November 9, 1982, reinstated.

¶ Defendant Robert Banat contended at Special Term that his failure to timely serve an answer resulted from "his ignorance of the law, ignorance of the possible consequences and a mistaken notion as to the motives of the plaintiff". Specifically, he explained his failure to interpose an answer by stating that he is...

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