From Casetext: Smarter Legal Research

Meredith v. Hartford Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 1984
99 A.D.2d 483 (N.Y. App. Div. 1984)

Opinion

January 9, 1984


In an action, in effect, on an insurance contract, defendant appeals from an order of the Supreme Court, Nassau County (Christ, J.), dated April 27, 1983, which granted plaintiffs' motion to set the matter down for an inquest of damages based upon the defendant's default in answering. Order reversed, with costs, and motion denied. Plaintiffs served a verified complaint. Defendant's attorneys served an unverified answer on the last day within which to make timely service thereof, explaining that they were in the process of having their client verify the same and that they would forward a verified copy to plaintiffs' attorney as soon as it was received by them. Some time thereafter plaintiffs' attorneys rejected the unverified answer pursuant to CPLR 3022. We hold that the plaintiffs' objection to the fact that the answer was unverified was waived because the rejection thereof was not accomplished with "due diligence" ( Able Breaking Corp. v Consolidated Edison Co., 88 A.D.2d 649; Matter of O'Neil v Kasler, 53 A.D.2d 310, 315; State of New York v McMahon, 78 Misc.2d 388). Accordingly defendant's answer was not untimely, it was not in default, and Special Term erred in granting plaintiffs' motion to set the matter down for an inquest of damages. Mangano, J.P., O'Connor, Weinstein and Brown, JJ., concur.


Summaries of

Meredith v. Hartford Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 1984
99 A.D.2d 483 (N.Y. App. Div. 1984)
Case details for

Meredith v. Hartford Insurance Company

Case Details

Full title:KEITH MEREDITH et al., Respondents, v. HARTFORD INSURANCE COMPANY…

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

Date published: Jan 9, 1984

Citations

99 A.D.2d 483 (N.Y. App. Div. 1984)

Citing Cases

Rozz v. Law Offices of Saul Kobrick, P.C.

Moreover, the plaintiff's objection to the bakery's answer, on the ground that it was unverified, is deemed…

Ritangela Construction Corp. v. State

Furthermore, we reject the claimant's contention that the State waived the requirement that the statement of…