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New York Commercial Division Practice

Procedure & Practice for the Commercial Division Litigator

untimely filing

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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
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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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