DEEPDALE GARDENS THIRD CORP. v. BECHKY


104 A.D.2d 846 (1984)

Deepdale Gardens Third Corporation, Appellant, v. Rose Bechky, Respondent

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

October 9, 1984


Order reversed, on the law, with costs, motion denied, and judgment dated November 1, 1983 reinstated.

In the order appealed from, Special Term erred in deeming defendant's unverified answer sufficient to answer plaintiff's complaint. We take cognizance of the court's discretionary authority to excuse lack of verification where a substantial right of a party is not prejudiced (CPLR 2001, 3026). Its exercise, however, is not appropriate in the instant case since service...

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