Defendant's motion to dismiss under CPLR 3211 (subd [a], par 4) raises a question which has not been satisfactorily answered by the cases — when may a plaintiff, confronted by a valid claim of improper service, cure the defect? That is, is it possible that the cure may occur too soon.
The summons and complaint were, as it turned out, served improperly in October, 1982. A default judgment was entered.
Defendant...
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