In the first order on appeal, the motion court granted defendant's cross motion to dismiss the complaint for failure to mail a copy of the complaint, as required by CPLR 308 (2) and 308 (4), within the statute of limitations. However, since the motion court was simultaneously granting plaintiff's attorney permission to withdraw, it made the dismissal without prejudice to a motion by new counsel for an extension of time to make service. The order also directed the Clerk to...
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