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DIME SAV. BANK OF BROOKLYN v. PINE DRIVE ASSOCS.

28 Misc.2d 648 (1961)

Dime Savings Bank of Brooklyn, Plaintiff, v. Pine Drive Associates, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 27, 1961

Attorney(s) appearing for the Case

Tannenbaum & Goldweber for Preferred Transmix Concrete, Inc., defendant. William A. Anzalone for plaintiff.

MARIO PITTONI, J.

Motion "for an order directing the plaintiff to accept the answer of the defendant Preferred Transmix Concrete, Inc.", is denied.

The movant was served with the summons and complaint on January 9, 1961. The answer was mailed on February 3, 1961, received and returned on February 6. 1961. No affidavit of merits is submitted, nor is any reasonable excuse given for the failure to serve the answer within 20 days after service of...

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