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HIGGINS, JR. v. BELLET CONSTRUCTION CO., INC.

287 A.D.2d 377 (2001)

731 N.Y.S.2d 446

GEORGE HIGGINS, JR., Appellant, v. BELLET CONSTRUCTION CO., INC., Respondent.

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

Decided October 23, 2001.

Defendant met its burden of demonstrating a meritorious defense and a reasonable excuse for the untimely service of its answer (see, Barajas v Toll Bros., 247 A.D.2d 242). Defendant's counsel affirms that because of a death in the family he was away when the complaint was forwarded to his office and it was then misplaced by his staff. Upon learning of the complaint, counsel promptly sent an unverified answer to plaintiff, advising...

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