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LINDEN v. STATE-WIDE INS CO.

12 Misc.3d 1010 (2006)

816 N.Y.S.2d 888

LINDEN CHIROPRACTIC, P.C., as Assignee of FLORINE JOSHUA, Plaintiff, v. STATE-WIDE INSURANCE COMPANY, Defendant.

Civil Court of the City of New York, Kings County.

June 2, 2006.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C. (Massimiliano Valerio of counsel), for plaintiff.

Ronald I. Lemberger (Wesley Mead of counsel), for defendant.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

Plaintiff Linden Chiropractic, P.C. seeks leave to enter judgment on its verified complaint against defendant State-Wide Insurance Company, based upon defendant's alleged failure to answer within the time prescribed by New York City Civil Court Act § 402. Defendant has cross-moved for an order compelling plaintiff to accept its verified answer as timely. For reasons that will appear, defendant's motion is granted...

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