August 8, 2008

Untimely pleadings.

Practice point: The City's excuse for its late answer, namely, that it receives thousands of summonses each month, is insufficient to compel plaintiff to accept the pleading, pursuant to CPLR 3012(d).

Case: Holloman v. City of New York, NY Slip Op 05480 (2d Dept. 2008)

Click here for the opinion.