Ordered that the order is affirmed insofar as appealed from, with costs.
The events giving rise to the instant action occurred on July 26, 1984, when the plaintiff's sewage facilities were allegedly damaged as a result of leakage from the defendant's water main. The plaintiff served a summons and complaint on September 19, 1985. On October 10, 1985, one day after its answer was due, the defendant served an unverified answer which contained a counterclaim. The plaintiff...
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