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KLEINMAN v. MARSHALL

158 Misc.2d 640 (1993)

601 N.Y.S.2d 665

Kleinman, Saltzman & Goodfriend, Plaintiff, v. Richard A. Marshall et al., Defendants.

Supreme Court, Rockland County.

August 12, 1993

Attorney(s) appearing for the Case

Jeffrey Mintz, New York City, for Richard Marshall, defendant. Kleinman, Saltzman & Goodfriend, P. C., West Nyack, plaintiff pro se.

JOAN B. LEFKOWITZ, J.

Defendant Richard Marshall moves to dismiss the complaint for plaintiff's failure to comply with CPLR 306-b (a) because service of process was not made on him within 120 days of the filing thereof. Plaintiff cross-moves for a nunc pro tunc order of filing.

The codefendants were served with the summons and complaint in March and April 1992. One of the codefendants was served pursuant...

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