Civil Court of the City of New York September 7, 1983 (Alderman Co. v. American Sleeping Systems Corp.)

OPINION OF THE COURT

Lewis R. Friedman, J.

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.