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Notice of Fault - 1
Notice of Fault - 1
Notice of Fault - 1
COUNTY OF SUFFOLK
FWMN537
——————————————————————X
BANK OF AMERICA Index No:15696/08
vs.
Statement of facts
1. On July 5th 2010 I mailed to Fein Such & Crane Attorneys for plaintiff interrogatories pursuant to
CPLR 3130 by certified mail return receipt Article Number(s) # 0000 0000 0000 0000 0000 .
CPLR § 2103(b)(2) provides that “where a period of time prescribed by law is measured from
the service of a paper and service is by mail, five days shall be added to the prescribed period.”
3. Therefore you had 25 days from July 5th 2010 or until around August 30th, 2010 to serve your
answer or make an appropriate motion. The USPS track and confirm shows that you received the
documents on July 12th as of today’s date no response has been received when well over 60 days
has elapsed.
6. The Plaintiff have not requested an extension of time to Answer nor has one been
granted.
Opportunity To Cure___
In the event that Plaintiff’s failure to respond to the “Request for Interrogatories” and “Request
for Production of documents” was an oversight, mistake or otherwise unintentional, Rob Jayne
(Affiant) grants Plaintiff BANK OF AMERICA three (3) days, exclusive of the day of receipt,
to cure the fault. Failure to cure will constitute, as an operation of law, Respondent’s final
admission and agreement to all statements and claims made by affiant through tacit procuration
pertaining to “Request for Interrogatories” and “Request for Production of documents” and the
whole matter shall be deemed res judicata and stare decisis. Response by Plaintiff must be
served on Defendant exactly as provided below/overleaf and using registered and traceable mail
service:
John Doe
___________________________________
c/o 231 Town rd John Doe
Any Town, NA 00000
Sworn To Before Me
________________________
NOTARY