JIN CHUNG v. M&S DELI


256 A.D.2d 317 (1998)

681 N.Y.S.2d 328

NAM JIN CHUNG et al., Appellants, v. M&S DELI et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 7, 1998.


Ordered that the order is affirmed insofar as appealed from, with costs.

The complaint was automatically dismissed against the defendants M&S Deli and Mun Taek Oh d/b/a M&S Deli when the plaintiffs failed to file proof of service, and there was no appearance by either defendant within 120 days after the date of filing of the summons and complaint (see, CPLR former 306-b; Cerrito v Galioto, 216 A.D.2d 265)....

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