Practice point: Denying receipt of the summons and complaint does not rebut the presumption of proper service created by an affidavit of service.
Students should note that an insurance carrier's delay in defending does not establish a reasonable excuse for a default.
Case: Gartner v. Unified Windows, Doors and Siding, Inc., NY Slip Op 01759 (2d Dept. 2010)
The opinion is here.
Tomorrow's issue: Motion practice.
