WHITE v. MARADIAGA


8 A.D.3d 559 (2004)

778 N.Y.S.2d 695

WILLIESEAN WHITE et al., Appellants, v. ABERCIO MARADIAGA, Respondent.

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

June 21, 2004.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, and the cross motion is denied, the service effectuated on the defendant on March 29, 2003, is deemed to have been timely made, filing of proof thereof to April 1, 2003, is granted nunc pro tunc, and the defendant's time to serve and file an answer is enlarged until 30 days after service upon him of a copy of this decision and order.

As the delay in...

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