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STATE FARM FIRE AND CASUALTY COMPANY v. R. BEST PLUMBING, INC.

2012-03398.

102 A.D.3d 952 (2013)

960 N.Y.S.2d 128

2013 NY Slip Op 476

STATE FARM FIRE AND CASUALTY COMPANY, as Subrogee of Edward M. Thal, Respondent, v. R. BEST PLUMBING, INC., Defendant, and ANDERSON-BARROWS METALS CORPORATION et al., Appellants.

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

Decided January 30, 2013.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion pursuant to CPLR 3126 to preclude the appellants from offering evidence at trial is denied.

Even though the plaintiff's motion pursuant to CPLR 3126 requested that the answering affidavits be served seven days prior to the date upon which the motion was noticed to be heard, it is undisputed that the motion was served by regular mail only 19 days prior to that time. Since the plaintiff...

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