The court erroneously concluded that it lacked jurisdiction to entertain plaintiffs' cross motion for leave to extend the time for service and to amend the complaint as a result of plaintiffs' failure to serve the summons with notice within 120 days of commencement, in violation of CPLR 306-b. The court was required to exercise its discretion to decide whether an extension of time for service was warranted upon good cause shown or in the interest of justice (CPLR 306-b; ...
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