Lopez v. Quickset Printers, Inc.

Motion by plaintiffs for an order striking the “First” separate and complete defense and paragraph “ Sixth” of the answer served on behalf of defendants Motor Vehicle Accident Indemnification Corporation and Juan Cruz is granted.

By stipulation, the attorneys for the parties limited the issues to be determined on this application to “ whether the filing of this summons was timely and, if not, whether the late filing is a jurisdictional defect or merely an irregularity curable in the court’s discretion.”

It is conceded that the summons was served upon Juan Cruz by substitute service (CPLR 308,…