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LEEMILT'S PETROLEUM, INC. v. PUB. STORAGE, INC.

193 A.D.2d 650 (1993)

597 N.Y.S.2d 463

Leemilt's Petroleum, Inc., Respondent, v. Public Storage, Inc., Defendant, and Chicago Title Insurance Company, Appellant

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

May 10, 1993

Ordered that the order is reversed, on the law, without costs or disbursements, the appellant's motion is granted, and the default judgment entered September 20, 1990, is vacated.

Although CPLR 2104 requires that "an extension of time to answer, to be binding, must be in writing and subscribed by the party to be charged" (Saltzman v Knockout Chem. & Equip. Co., 108 A.D.2d 908; see also, Tate v Fusco,

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