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WINTER v. IRIZARRY

300 A.D.2d 472 (2002)

751 N.Y.S.2d 415

CYNTHIA WINTER, Appellant, v. DEBRA IRIZARRY, Respondent.

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

Decided December 16, 2002.

Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion for an extension of time to serve the defendant, pursuant to CPLR 306-b, and granting the defendant's cross motion to dismiss the complaint. The record reveals that the plaintiff failed to diligently attempt to effect service or promptly seek an extension of time to effect service, and did not even attempt to show the existence...

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