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NAZZARO v. SAVITZ

296 A.D.2d 570 (2002)

745 N.Y.S.2d 721

DOMINICK J. NAZZARO et al., Appellants, v. MARTIN H. SAVITZ, Respondent.

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

Decided July 29, 2002.

Ordered that the order is affirmed, with costs.

Since the plaintiffs failed to file proof of service within 120 days of the filing of the summons with notice and the defendant did not appear within that time period, dismissal of the action was automatic and self-executing pursuant to CPLR former 306-b (see Garcia v Pointdujour, 292 A.D.2d 497; Antoine v Patel, 268 A.D.2d 546). Contrary...

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