Practice point: A defendant waives late service by accepting and retaining the complaint, without objection, and serving an answer with a demand for a bill of particulars and a demand for discovery and inspection, before moving to dismiss pursuant to CPLR 3012(b).
Practitioners should note that no appeal lies from an order denying a motion for leave to reargue.
Case: Betancourt v. Delta Airlines, Inc., NY Slip Op 01600 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
