Defendant objects to this motion for leave to serve a supplemental complaint because of improper notice of the application given him (CPLR 2214, subd. [b]; 2103, subd. [b], par. 2). He had 10 and not 11 days' notice, borne out by the affidavit of service and return date of the motion.
Failure to give notice of at least the number of days specified has been repeatedly classified as a...
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