Practice point: Attempted service is defective when the mailing is sent to defendant's workplace in an envelope indicating it is from a law firm.
Students should note that a court may compel the acceptance of a pleading untimely served, upon such terms as may be just and upon a showing of reasonable excuse for delay, pursuant to CPLR 3012[d].
Case: Gazes v. Bennett, NY Slip Op 01575 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Remedies.
