JEROME v. J.J. MALONEY CO., INC.


293 A.D.2d 449 (2002)

739 N.Y.S.2d 649

PIERRE JEROME, Appellant, v. J.J. MALONEY CO., INC., et al., Respondents, et al., Defendant.

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

Decided April 1, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondents.

The respondents' preanswer motion failed to comply with the timeliness requirement set forth in CPLR 3211 (e), and they never sought leave to serve a late answer. Therefore, the motion should have...

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