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AETNA CAS. & SUR. CO. v. McCARTHY

246 A.D.2d 406 (1998)

666 N.Y.S.2d 432

Aetna Casualty and Surety Company, Plaintiff, v. Dorothy McCarthy, Doing Business as Dorothy McCarthy Special II, Appellant, and Arthur Hawkins, Respondent, et al., Defendants

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

January 15, 1998

Since Hawkins' cross claim did not demand an answer, its allegations are to be deemed denied or avoided (CPLR 3011), and, accordingly, the granting of Hawkins' motion for summary judgment on his cross claim was not premature simply because a formal answer thereto was never interposed. On the merits, the motion court properly determined that DMCII was bound by Stipulation No. 3, as amended by Stipulation No. 4, because its agent...

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