The action against defendant Rivera was properly dismissed as time-barred since it was commenced beyond the expiration of the applicable three-year Statute of Limitations. Although a prior action by plaintiff against Rivera was timely commenced, it was dismissed by operation of law on August 11, 1995 pursuant to the then applicable version of CPLR 306-b by reason of plaintiff's failure to file proof of service within 120 days of filing the summons and complaint (see, Matter...
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