TARZY v. EPSTEIN


8 A.D.3d 656 (2004)

778 N.Y.S.2d 907

MITCHELL TARZY, Appellant, v. ILENE EPSTEIN, Respondent.

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

June 28, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

As the plaintiff conceded that he failed to effect service upon the defendant before the statute of limitations expired, the Supreme Court properly granted the defendant's motion pursuant to CPLR 3211 (e) to dismiss the complaint for lack of personal jurisdiction. Moreover, the plaintiff did not demonstrate good cause for the failure to timely serve the defendant (see CPLR 306-b). Furthermore...

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