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Myers v. Slutsky – Case Brief Summary (New York)

In Myers v. Slutsky, 139 A.D.2d 709 (2nd Dept. 1968), the court that found defendants' belated service of an answer along with discovery demands constituted a waiver of defendants' right to seek dismissal pursuant to CPLR 3215(c).

However, in Myers, there is no mention that the belated answer was rejected. The retention of an answer without objection is deemed a waiver of objection to untimeliness (see, Wittlin v. Schapiro's Wine Co. Ltd., 178 A.D.2d 160 (1st Dept. 1991).