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New York Commercial Division Practice

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Court Has Mercy, Allows Untimely Proof of Service

By Farrell Fritz P.C. on June 10, 2019
Posted in Service of Process
judge pardon

In law, as in life, mistakes happen. Some are irreparable: Statute of repose expired? Too much denim? In these circumstances, the law affords the court no discretion for mercy. Other errors, however, must be forgiven. In a recent decision, Commercial Division Justice Andrew Borrok held that plaintiff’s inadvertent failure to file proof of…

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