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CITRON v. SCHLOSSBERG

282 A.D.2d 642 (2001)

723 N.Y.S.2d 712

RONALD CITRON, Respondent, v. IRWIN SCHLOSSBERG, Appellant, et al., Defendants.

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

Decided April 23, 2001.

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

Contrary to the appellant's contention, CPLR 306-b, which permits the Supreme Court to extend a plaintiff's time to serve a summons and complaint for "good cause shown or in the interest of justice," is applicable where service, timely made within the 120-day period, is subsequently found to have been defective (see, Murphy v Hoppenstein, 279 A.D.2d 410

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