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CIRILLO v. MACY'S, INC.

61 A.D.3d 538 (2009)

877 N.Y.S.2d 281

ALISA CIRILLO, Appellant, v. MACY'S, INC., Formerly Known as FEDERATED DEPARTMENT STORES, INC., et al., Respondents.

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

Decided April 21, 2009.

Defendants served their answer on plaintiff 14 days after it was due and plaintiff rejected the answer two days after it was served. Approximately three weeks after the answer was rejected by plaintiff, defendants moved to compel plaintiff to accept the answer pursuant to CPLR 3012 (d). Defendants' motion was supported by their attorneys' affirmation attributing the lateness of the answer to plaintiff's attorney's failure to return...

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