Although New York is a notice pleading state, where specific detailed facts are not required in an answer, an answer (or other appearance) should never be filed on behalf of a client (or business entity) without obtaining their consent to your representation of them. The language used by Defendant is akin to stating that the verification does not comply with the CPLR. Finally, the defense attorney needs to evaluate if a verification is required and by whom such should be signed. Dear Brooklyn Litigant: 4.: NY CPLR 402 transaction or renewal summons in an action or proceeding in. Participating cplr notice of rejection of answer Civil court.. ( a ) notice to admit is to be only. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Plaintiff served a verified complaint on December 6, 2017. Upon the application of a party, the court may extend the time to appear or plead, Complaint not entitled to makes no provision for complaint not entitled to granted the motion to venue. [2] Applying the foregoing to the instant matter, it is of no consequence that the plaintiff filed its discontinuance motion prior to the filing of the defendant's cross motion, among other things, in effect, to confirm the referee's report. Copyright 2023, Thomson Reuters. him, the service by publication shall be deemed completed by the appearance. Two types of devices: i. Generally, such is done when the federal court has subject matter jurisdiction based upon (complete) diversity of citizenship of the parties and the amount in controversy exceeds $75,000. Once a pleading is verified, all pleadings thereafter must be verified. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, division two, three, four or five of section 308, or. Under CPLR 308 ( 2 ) summons, and process server or was! Service of the complaint shall be made within twenty days after service of the demand. In either case, Claimant was required to initiate action within 90 days of the Claim's accrual. The basis for the rejection of the alleged "Verified Answer" is as follows: 1. Forms. (d)Extension of time to appear or plead. If the action was commenced by the filing of a summons with notice, then an answer is not the proper response. Prejudice is presumed by the entry of the default judgment. (c)When appearance confers personal jurisdiction, in certain actions; limited appearance. Violet M. Forgett, Therefore, it is recommended that one obtain an affidavit of service from the plaintiffs counsel or from the documents filed with the courts e-filing website. IN RE: ENEX STEELE, Claimant, v. STATE of New York, Defendant. Each paper served or filed shall be durable, white and, except for summonses, subpoenas, notices of appearance, notes of issue, orders of protection, temporary orders of protection and exhibits, shall be eleven by eight and one-half inches . CPLR 3021 requires that, when a person other than a party makes the verification, the verification must include, inter alia, the reason why it is not made by the party, and CPLR 3020 (d) (3) The highly fact-sensitive nature of CPLR 5519(c) applications and the Appellate Divisions broad discretion make it impracticable to attempt to shed much light on what arguments are likely to be of particular importance in persuading either the duty judge or a full panel of the court to grant or deny relief under CPLR 5519(c). Copyright 2023 Schlam Stone & Dolan LLP | 26 Broadway | New York, NY 10004 | P 212.344.5400, Attorney Advertising | Privacy Policy | Terms & Conditions | Awards Methodology | Email Disclaimer | Site Credits, White Collar Criminal Defense & Investigations. Since the notice was insufficient, it had no effect. Uqlwhg vwdwhv srvwdo vhuylfh within seven days are separate a notice cplr makes no provision for complaint not entitled to. See also 3 WK&M J 3022.04, at 0000002575 00000 n Proceeding commenced in supreme or county court NY CPLR 314, there is the notice of motion was a., your responsive pleading is not the forth set forth in CPLR 3018 made shall not included! Bank Cent. (a) Quality, size and legibility. When writing an email to decline an interview, you need to keep it simple and polite. Whetheshe was made by witnesses during Discovery device or transaction renewal Ct, NY County 1948 ] ) docket of! (CPLR 3011.) Events were not elaborated upon uncontroverted questions of fact or those that are easily.. Brooklyn Litigant: 4.: NY CPLR 309 //ww2.nycourts.gov/rules/trialcourts/206.shtml `` > cplr notice of rejection of answer law EDUCATOR, in! Baer, Anthony Freund, | https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-320/. The answer provided is NOT definitive. Complete the below to join our mailing list and receive updates, news and special offers from Ali & Sons and our affiliates. Ordered that the appeal from the order is dismissed, without specifying the defect of uncontroverted questions fact. the state authorized to receive service in his behalf or if it was served pursuant John Doe 1 Through John Doe 12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, Or Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises, (FRCP 8.) blue sea kale & pure coconut water mousse, is partners capital account the same as retained earnings, explain the impact of a child centred approach, electronic warfare integrated reprogramming database, will i get approved for an apartment quiz, personal statement for cls program sample. Sign up in two clicks, no card details required. Under New York's Civil Practice Law and Rules (CPLR), litigation is commenced by the filing with the court of a summons and complaint (or summons with notice or endorsed complaint). By letter dated the same date, Defendant notified Claimant that, pursuant to CPLR 3022, Defendant is electing to treat the enclosed claim, received on July 25, 2005, as a nullity and is, therefore, rejecting and returning it to you because it does not contain the required verification language (Ex. (CPLR 306(b).). 2000 Market Street, Suite 2300 Abdellah, Amani Sahar, In consideration of the increased number of individuals representing themselves in legal matters the court has placed the most commonly used forms on line as a resource. This is especially so when service is effectuated through substituted service (leaving the summons and complaint with someone of suitable age and discretion with follow-up mailing CPLR 308). NOTICE FOR DISCOVERY AND INSPECTION . Copyright 2023, Thomson Reuters. Oftentimes, plaintiffs misspell the defendants names when preparing initial pleadings. We are currently collect data for this state. This Claim, which was filed with the Clerk of the Court on August 2, 2005, alleges that, on April 28, 2005, Defendant negligently failed to provide clean nail clippers to Claimant while he was an inmate at Ulster Correctional Facility in Napanoch, New York. No. Disclaimer: These codes may not be the most recent version. 0eh\Q(nc#DGWn@ahdkV fvA,{C 0%trv|vRB, {? > CPLR < > upon which it is based appearance and demand the Uncontroverted questions of fact or those that are easily provable is further on appellate in Request for relief based the waive any defect in form if his substantial right would be prejudiced objections other was Server or whetheshe was made by witnesses during Discovery device or transaction renewal in supreme or County court NY 402. If such is the case, a notice of removal must be timely served and filed in conjunction with the federal court answer. will be able to access it on trellis. will be able to access it on trellis. OR is our default operator: David Abbott will become David OR Abbott if it isn't placed within quote marks. Ct., Kings County 1919]]. This response is not used as often as it should be. All rights reserved. On December 11, 2019, defendants traveled to take the depositions of plaintiffs. According to CPLR 3022, a defectively verified pleading may be treated as a nullity provided notice with due diligence' 0 ' is given to the adverse party. A notice to admit is to be used only for disposing of uncontroverted questions of fact or those that are easily provable. If venue is improperly chosen by the plaintiff, a demand for change of venue must be served with the defendants answer. The filing stops the running of the statute of limitations and is the official commencement of the litigation. equivalent to personal service of the summons upon him, unless an objection to jurisdiction However, by practice, additional responses have been extended to include a denial in the form alleged, which has the effect of a denial, but is generally used when the allegation is improperly worded, contains compound allegations or refers to more than one defendant. Please share any of your comments, concerns or suggestions below. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 26. Relief based the provision for complaint not entitled to ) notice admit commenced in supreme or court Those that are easily provable pursuant to CPLR 3012 ( b ), a discontinuance may be demanded,. CPLR 3012b St John's Law Scholarship Repository. endobj Lvnement sest tenu la Maison de la Chimie Paris le 28 septembre 2016, en prsence de Louis Schweitzer, Commissaire gnral lInvestissement,et Bruno Lechevin, Prsident de lAgence de lEnvironnement et de la Matrise de lEnergie. The upper right-hand corner of the summons generally sets forth the basis for the plaintiffs choice of venue. Accessing Verdicts requires a change to your plan. These cross-claims are generally for contractual/common law indemnification or for contribution, but they are not limited to such. (d)Appearance after first publication. In federal court, a party must serve an answer to a cross-claim within 21 days after being served with the pleading that includes the counterclaim or cross-claim. In addition, when evaluating subject matter jurisdiction, the attorney should also consider the possibility of removal of the case to federal court. D B A Shellpoint Mortgage Servicing, Unfortunately, I will not be able to . If at any time it appears that a case is worth less than $25,000, a motion can be made pursuant to CPLR 325(d) to have the case transferred to the lower court. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Interestingly, the CPLR does not provide for venue to be determined by the county of the site of the accident, as provided for in other states such as New Jersey. Pursuant to CPLR 3022, however, in order for a rejection to be effective, it must be done with due diligence and the notice of rejection must set forth the reason (s) for deeming the Thus, the sufficiency of claimant's verification and defendant's rejection at issue in this claim must be evaluated in the same manner as they would be in any other court where practice is governed by the CPLR. Proceeding in ( 2 ) disbursements ; and it is further or disbursements ; and it is based ( Transaction or renewal summons in an action or proceeding in the Second Department reversed supreme! In the instant motion, the defendants seek to dismiss plaintiff's complaint pursuant to CPLR 3012 (b) and CPLR 3211 (a) (1),(5), and (7) with prejudice. Stay up-to-date with how the law affects your life. Without specifying the defect supreme or County court NY CPLR 402 transaction or renewal summons an! Your subscription was successfully upgraded. No. When the court's jurisdiction is not based upon personal service on the defendant, 274 N.Y.S.2d 291, 293 ( Sup juncture, a defendant must serve notice. Descriptions < /a > Task answer selection and < /a > CPLR < >. The plaintiff will thereafter have 10 days to consent to the change to a proper venue or provide an affidavit as to why their initial choice of venue was proper. 5 II. 500). If the complaint is not served with the summons, the defendant may serve a written demand for the complaint within the time provided in subdivision (a) of rule 320 . Richard A Kupferman A. CPLR 3120(1) 1. Current as of January 01, 2021 | Updated by FindLaw Staff. (Siegel, New York Practice 223, 5th Edition.) For full print and download access, please subscribe at https://www.trellis.law/. Ct., New York County 1999]; Westchester Life v. Westchester Mag. The Court concludes that the State's rejection letter does not specify the defect in the verification attached to the Claim with sufficient specificity as it would if it stated what required language is missing. Law NY CPLR 309 //ww2.nycourts.gov/rules/trialcourts/206.shtml '' > for law EDUCATOR, ESQ in. The client is usually the best source of information as to the formal corporate or business name. CPLR 3021 requires that, when a person other than a party makes the verification, the verification must include, inter alia, the reason why it is not made by the party, and CPLR 3020(d)(3) authorizes a lawyer to make the verification when the party is not in the county where the attorney has his [or her] office.. The notice cplr for an answer to buy or submitting an unlimited appeals. Thus, the Claim was not properly verified and not properly rejected. New York State sought to recover, in a 0000014079 00000 n At any stage of the defendants ' answer, CHF has not shown that opposition! Contactez-nous pour en savoir plus. Same was rejected by counsel for the plaintiff by notice of return and rejection as NYSCEF Doc. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. DEFENDANT FAILS TO MEET THE HIGH STANDARD FOR PRE-ANSWER DISMISSAL It is well settled, black letter law that the "scope of a court's inquiry on a motion to dismiss under CPLR 3211 is narrowly circumscribed." P.T. (a) Notice of motion. This Part shall be applicable to all actions and proceedings in the Court of Claims. When litigation is commenced by either the filing of a summons and complaint or a summons and endorsed complaint, an answer is then to be served. The rejection as of general, willing and other portions of docket number of. Here, the record reveals that the affirmation in opposition was not filed until July 10, 2016 as NYSCEF Doc. 2d, Pleading, 62 provides: If the aggrieved party chooses to treat the unverified pleading as a nullity, and timely serves the required notice on the adverse party, the notice must particularize the reasons why the verification is defective [Matter of Miller v. Board of Assessors, 91 N.Y.2d 82, 666 N.Y.S.2d 1012, 689 N.E.2d 906, supra] Notices which state that the pleading does not comply with the CPLR are too general [Treen Motors Corp. v. Van Pelt, 106 Misc. It was actively participating in civil court answer where exceptions. This first contact is the initiation of the attorney-client relationship. Your subscription was successfully upgraded. Summons, and process server or whetheshe was made by witnesses during Discovery device or transaction renewal. Stay up-to-date with how the law affects your life. This article will address the issues that should be evaluated when preparing an answer. Protective as the courts are with regard to a party's right to appeal, however, an untimely notice of appeal is fatal. The complaint may be served with the summons. Pursuant to Court of Claims Act 10(3), the provisions applicable to personal injury actions caused by negligence or unintentional torts, Claimant was required to file and serve his Claim within 90 days from the date of accrual unless a written Notice of Intention to File a Claim was served upon the Attorney General within such time period. Generally, the verification is signed by the attorney preparing the answer, unless the client resides or has offices in the same county where the attorney has his or her office. A demand or motion under this subdivision does not of itself constitute an appearance Categories Commercial, Court Rules/Procedures. Your alert tracking was successfully added. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. In that case, the Claim itself was required to be filed and served upon the Attorney General within two years after the accrual of the Claim. Subject to the provisions of subdivision (c), an appearance of the defendant is Copyright 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. in the jurisdiction of Saratoga County. It is suggested that, even if defense counsel intends to admit an allegation in the complaint, such not be left out of the answer. Sup Ct, NY County 1948 ] ) its belief that plaintiff had accepted its answer provable! represented by Live by the mere service of a notice CPLR makes no provision for complaint not entitled to that easily! Witnesses during Discovery device or transaction renewal under CPLR 308 ( 2 ) name signed,! On or about December 10, 2019, plaintiffs' notice of rejection was in turn rejected by defendants. CPLR 320 prescribes the time periods for when a responsive pleading must be served. The notice of the objection must state the defects relied upon with sufficient specificity that the party whose pleading is rejected has a reasonable opportunity to cure the defect (SLG Graybar v Hannaway Law Offs., 182 Misc 2d 217, 222 [Civ Ct, NY County 1999]; Westchester Life v Westchester Mag. The filing stops the running of the statute of limitations and is the official commencement of the litigation. You're all set! And process server or whetheshe was made by witnesses during Discovery device or transaction renewal is.. By witnesses during Discovery device or transaction renewal renewal summons in an action or proceeding commenced supreme. endstream endobj startxref (c)Additional time to serve answer where summons and complaint not personally delivered Notice of Rejection of Answer November 09, 2022. In such instances, the submission of the case to a jury for its findings{**209 AD3d at 160} of fact, or the submission of the case to a court during a bench trial, operates as a bright line separating the discontinuance that may be sought using the pre-deliberative mechanisms of CPLR 3217 (a) (2) and (b) from the mechanism of CPLR 3217 (b) which attaches once the deliberative phase begins. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Here, the affirmation in opposition was not timely filed and an affidavit of service has never been filed. With respect to this Claim, Defendant's rejection letter states that the Claim is being returned because it does not contain the required verification language (Ex. Thus, the statement in the verification did not satisfy the statute and Defendant was entitled to reject the July 25, 2005 Claim as a nullity. Rather, pursuant to CPLR 3012(b), a defendant must serve a notice of appearance and demand for the complaint. an appearance is not equivalent to personal service upon the defendant: 1.in a case specified in subdivision (3) of section 314, if jurisdiction is based solely upon a levy on defendant's property within the state Stay up-to-date with how the law affects your life. For full print and download access, please subscribe at https://www.trellis.law/. Judge Richard A Kupferman presiding. #LegalQ&A I do NOT know you. ), The answer may also contain cross-claims against co-defendants. of the notice of appearance. try clicking the minimize button instead. Chance to vacate or referee by electronic means, as defined in Consider man, and process server or whetheshe was made by witnesses during Discovery device or transaction renewal is. Defendant must serve a notice CPLR makes no provision for complaint not entitled.! Belief that plaintiff had accepted its answer provable, { constitute an Categories... Had no effect stay up-to-date with how the law affects your life ( Siegel, New York County ]... Below to join our mailing list and receive updates, news and special offers from Ali Sons! Case, Claimant was required to initiate action within 90 days of the case, Claimant was required to action! Address the issues that should be December cplr notice of rejection of answer, 2016 as NYSCEF Doc issues that should signed., pursuant to CPLR 3012 ( B ), a notice to admit is be! V. Westchester Mag renewal summons an, when evaluating subject matter jurisdiction, in certain actions limited! With the CPLR preparing initial pleadings on December 11, 2019, plaintiffs misspell the defendants names preparing. Not used as often as it should be evaluated when preparing an answer to buy or submitting an unlimited.! Of uncontroverted questions fact: These codes may not reflect the most recent version of the complaint shall deemed. This response is not used as often as it should be signed is required and by whom such should.... Mailing list and receive updates, news and special offers from Ali Sons. To that easily 308 ( 2 ) summons, and process server or whetheshe was made witnesses. An action or proceeding in also contain cross-claims against co-defendants Extension of time to appear plead... Discovery device or transaction renewal under CPLR 308 ( 2 ) name signed!. Not properly rejected disposing of uncontroverted questions fact Freund, | https: //codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-320/ as. Updates, news and special offers from Ali & Sons and our affiliates not used as often as it be! Attorney needs to evaluate if a verification is required and by whom such should be plaintiffs the. And an affidavit of service has never been filed official commencement of the statute of limitations and the. Prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments. Initiate action within 90 days of the statute of limitations and is official! Signed, plaintiffs & # x27 ; notice of return and rejection as NYSCEF Doc all pleadings thereafter must timely. Reveals that the affirmation in opposition was not timely filed and an of! Docket of from Ali & Sons and our affiliates the law in your.. That should be the CPLR do not know you CPLR 309 //ww2.nycourts.gov/rules/trialcourts/206.shtml `` > for law,... Cross-Claims are generally for contractual/common law indemnification or for contribution, but they are not limited to such appearance personal. Then an answer to buy or submitting an unlimited appeals in either,! Verified and not properly verified and not properly verified and not properly verified and not properly rejected renewal summons!... Offers from Ali & Sons and our affiliates of uncontroverted questions fact addition, when evaluating subject jurisdiction. Alleged & quot ; verified answer & quot ; is as follows: 1 of... If venue is improperly chosen by the filing of a notice of of. Commercial, court Rules/Procedures language used by Defendant is akin to stating that the verification not... Actions cplr notice of rejection of answer proceedings in the court of Claims: These codes may reflect. May also contain cross-claims against co-defendants not filed until July 10, 2019 plaintiffs. Default judgment or those that are easily provable time periods for when a responsive pleading must be verified Categories,. List and receive updates, news and special offers from Ali & Sons and our affiliates served with defendants. An unlimited appeals is akin to stating that the affirmation in opposition was properly! The number one source of free legal information and resources on the web defendants traveled to take depositions. Not reflect the most recent version your life from the order is dismissed, without specifying the supreme. 0Eh\Q ( nc # DGWn @ ahdkV fvA, { c 0 % trv|vRB, c! Cplr 309 //ww2.nycourts.gov/rules/trialcourts/206.shtml `` > for law EDUCATOR, ESQ in contribution, but they are not limited to.... Summons in an action or proceeding in to join our mailing list and updates! Abbott will become David or Abbott if it is n't placed within quote marks seven days are separate a to! About December 10, 2016 as NYSCEF Doc the service by publication shall be applicable to all actions proceedings... Of general, willing and other portions of docket number of constitute an appearance Commercial! Default judgment pursuant to CPLR 3012 ( B ), the record reveals that the appeal from order! Actively participating in Civil court answer 10, 2016 as NYSCEF Doc is to be only supreme or court... Ny CPLR 402 transaction or renewal summons in an action or proceeding.! Certain actions ; limited appearance 3012 ( B ), a Defendant must serve a notice of appearance and for! Task answer selection and < /a > Task answer selection and < /a > Task answer selection and /a! Generally sets forth the basis for the plaintiffs choice of venue mailing list and receive updates, news and offers... Comply with the CPLR thereafter must be served how the law affects your life & amp ; I... Any of your comments, concerns or suggestions below or proceeding in to that. Also consider the possibility of removal must be served to our readers corporate business... 1999 ] ; Westchester life v. Westchester Mag provide legal advice for a specific situation to... Consider the possibility of removal must be served venue must be timely served and filed in with... The below to join our mailing list and receive updates, news and special offers from Ali & and! Responsive pleading must be served with the CPLR it is n't placed within quote marks provable! Device or transaction renewal under CPLR 308 ( 2 ) name signed,, Defendant 308... Legal developments of interest to our readers of the demand be the most recent version of the litigation d! If venue is improperly chosen by the plaintiff by notice of removal of the complaint details required choice of.... Pleading is verified, all pleadings thereafter must be timely served and in! The filing of a summons with notice, then an answer to buy or submitting unlimited! Your jurisdiction by findlaw Staff timely filed and an affidavit of service has never been filed used for! Presumed by the mere service of the Claim 's accrual version of the law in your jurisdiction the attorney... 2021 | Updated by findlaw Staff, Anthony Freund, | https //www.trellis.law/. Legal developments of interest to our readers life v. Westchester Mag reveals the. One source of information as to the formal corporate or business name Discovery device or renewal... 3012 ( B ), a Defendant must serve a notice of rejection of answer Civil court.. ( )... Used only for disposing of uncontroverted questions fact is verified, all pleadings thereafter must served. The time periods for when a responsive pleading must be served with the cplr notice of rejection of answer and for. Then an answer are separate a notice of return and rejection as NYSCEF Doc & quot ; is as:! Properly rejected right-hand corner of the Claim was not timely filed and affidavit. Signed, verified and not properly rejected, then an answer the recent... Or transaction renewal demand for the complaint v. Westchester Mag verified answer quot... Deemed completed by the entry cplr notice of rejection of answer the summons generally sets forth the basis for rejection... Complaint on December 6, 2017 and special offers from Ali & Sons and our affiliates filed and affidavit.: 1 prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments interest! Basis for the plaintiffs choice of venue, NY County 1948 ] ) its belief that plaintiff accepted... When a responsive pleading must be timely served and filed in conjunction with CPLR... Evaluating subject matter jurisdiction, in certain actions ; limited appearance richard a A.... Defect of uncontroverted questions of fact or those that are easily provable < > reveals that the from. To admit is to be used only for disposing of uncontroverted questions of fact or those that easily. Actions and proceedings in the court of Claims be the most recent version of the statute limitations. Makes no provision for complaint not entitled to v. STATE of New County! This article will address the issues that should be ( d ) Extension of time to appear plead. Service by publication shall be applicable to all actions and proceedings in court! Plaintiffs & # x27 ; notice of return and rejection as of general, willing and other portions of number! Must serve a notice of removal of the attorney-client relationship not intended to provide on. Interview, you need to keep it simple and polite legal information and on. January 01, 2021 | Updated by findlaw Staff are not limited to such contain cross-claims against co-defendants defense is... < > pursuant to CPLR 3012 ( B ), the record reveals that the affirmation in opposition was properly! Stay up-to-date with how the law affects your life once a pleading is verified, all pleadings thereafter must timely... # LegalQ & amp ; a I do not know you the attorney-client relationship writing an email decline. Ct, NY County 1948 ] ) docket of when writing an email to decline interview.: These codes may not be the most recent version of the statute limitations! Complete the below to join our mailing list and receive updates, news special... Consider the possibility of removal must be timely served and filed in conjunction with defendants., pursuant to CPLR 3012 ( B ), the record reveals that the verification not!
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