The IAS Court did not improvidently exercise its discretion in denying plaintiff's motion to renew, where such motion was based upon the belated and inconclusive affidavit of the process server. Plaintiff has failed to establish that he could not, with the exercise of due diligence, have obtained the affidavit of the process server at an earlier date since he was aware of the allegation of defective service as early as December, 1991. Where a party fails to offer a valid...
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