Practice point: Failure to timely file proof of service is a procedural irregularity which can be cured.
Practitioners should note that, absent an order permitting the late filing of the proof of service, it is a nullity and defendant’s time to answer never begins to run.
Case: Zareef v. Wong, NY Slip Op 02990 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Assumption of the risk.
