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BULKAN v. STEPP'S TOWING SERVICE, INC.

2017-00090. Index No. 14649/15.

166 A.D.3d 576 (2018)

84 N.Y.S.3d 904

2018 NY Slip Op 07406

Jewel Bulkan, Respondent, v. Stepp's Towing Service, Inc., et al., Appellants.

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

Decided November 7, 2018.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The defendant Stepp's Towing Service, Inc. (hereinafter Stepp's Towing), served its answer to the complaint on April 26, 2016, asserting, inter alia, an affirmative defense based on lack of proper service. Pursuant to CPLR 3211 (e), Stepp's Towing was required to move for judgment on that ground within 60 days after service of its answer, unless undue hardship prevented it...

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