Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, the motions are granted, and the action is dismissed.
The Supreme Court improvidently exercised its discretion in denying the defendants' respective motions pursuant to CPLR 3012 (b) to dismiss the action insofar as asserted against them on the ground that the plaintiff failed to timely serve a complaint. In opposing the motions, the plaintiff was required to demonstrate...
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