¶1Defendant served the answer after the time to answer had expired, and plaintiff was justified in rejecting it. Defendant’s remedy, if he has any, is by motion to open the default, The order is, therefore, reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.
192 A.D. 917
Cohen v. Barrett
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1920
Appellate Division of the Supreme Court of the State of New York · decided 1920-05-15
Decided 1920-05-15