THEODORIDIS v. AM. TRANSIT INS. CO.


210 A.D.2d 397 (1994)

620 N.Y.S.2d 984

Paraskevi Theodoridis, Appellant, v. American Transit Insurance Co. et al., Respondents

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

December 19, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff rejected the defendants' answer on the basis that it was not properly verified (see, CPLR 3020 [c]; 3022). We conclude, under the particular circumstances of this case, that the failure to reject the unverified answer within 24 hours of its receipt constituted a waiver of the defect and that "there is no evidence that a substantial right has been prejudiced and the complained...

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