Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint insofar as asserted against the appellant is dismissed, and the action against the remaining defendants is severed.
The Supreme Court should have granted the motion of the defendant Valery Gimpel pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him. The plaintiff failed to diligently attempt to effect service on Gimpel, never moved for...
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