After defendant refused to accept service of plaintiff's complaint, which was not served until some 23 months after defendant made a demand for the complaint, plaintiff sought an order compelling defendant to accept service of the complaint. Plaintiff's attorney affirmed that the complaint had been untimely served (see CPLR 3012, subd [b]) because his investigator mislaid the file until shortly before the preparation and service of the complaint. Special Term, in its discretion...
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