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MONT v. GOLDMAN

174 Misc.2d 857 (1997)

666 N.Y.S.2d 386

Dorothy Mont, as Executrix of Seymour Mont, Deceased, Plaintiff, v. Steven F. Goldman, Defendant.

Supreme Court, New York County.

November 10, 1997

Attorney(s) appearing for the Case

Tenzer Greenblatt, L. L. P., New York City (Shari B. Kibel of counsel), for defendant. Goldman & Goldman, New York City (Steven F. Goldman of counsel), for plaintiff.

DAVID B. SAXE, J.

Prior to 1992, when a defendant challenged the propriety of service of process, it was a standard procedure to simply reserve the defendant to obviate the need for a court-ordered traverse hearing. These motions raise the question of whether the commencement-by-filing statute (CPLR 304), which requires the proof of service of the summons to be filed within 120 days of the initial filing of...

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