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AM. SEC. INS. CO. v. WILLIAMS

176 A.D.2d 1094 (1991)

American Security Insurance Company, Respondent, v. Linda G. Williams, Appellant

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

October 24, 1991

Casey, J.

When plaintiff returned defendant's answer because it was some five days late, defendant moved pursuant to CPLR 3012 (d) for an order compelling plaintiff to accept her answer. The motion was accompanied by an affidavit from defendant's attorney explaining the reason for the delay and an affidavit from defendant setting forth a defense. Although plaintiff's attorney submitted affidavits challenging...

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