It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
On January 24, 1997, plaintiff commenced an action against defendants seeking damages for injuries he allegedly sustained while on defendants' property on February 24, 1994 by filing a summons with notice. It is undisputed that, because no affidavit of service was filed and defendants did not appear in the action within 120 days, the...
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