You should have sent it back as soon as it was a problem. Of course, you should also have gotten more than an "I'm sorry" in a perfect world; the waitress should have volunteered to do something. But always be prepared to take the initiative, and ask for an explanation.
It's true that in the daily cycle of a restaurant, there may be times that they don't have time to do things "fresh," because they make it in large batches and keep it warm and aren' going to make a new batch at 4 in the afternoon, or because they're between day and evening shift, and the few people there are mainly doing prep. But there's still no excuse: if that was the reason, they should have a special "afternoon" menu with reduced choices, holding only dishes that can be made fresh quickly and easily. I know a couple local restaurants who have such deals, or have more limited "lunch" menus that extend until 4 or later when the more extensive dinner menu kicks in.
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