Opinion
December 19, 1994
Appeal from the Supreme Court, Queens County (Di Tucci, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff rejected the defendants' answer on the basis that it was not properly verified (see, CPLR 3020 [c]; 3022). We conclude, under the particular circumstances of this case, that the failure to reject the unverified answer within 24 hours of its receipt constituted a waiver of the defect and that "there is no evidence that a substantial right has been prejudiced and the complained of defect should therefore be ignored" (Matter of Ireland v Town of Queensbury Zoning Bd. of Appeals, 169 A.D.2d 73, 76, citing CPLR 3026; Matter of Nafalski v Toia, 63 A.D.2d 1039; State of New York v McMahon, 78 Misc.2d 388; see also, CPLR 2001; Matter of Lentlie v Egan, 94 A.D.2d 839, affd 61 N.Y.2d 874; Matter of Houghwot v Town of Kiantone, 69 A.D.2d 1011; Matter of Ames Dept. Stores v Assessor of Town of Concord, 102 A.D.2d 9). Thompson, J.P., Bracken, Sullivan and Altman, JJ., concur.