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UNION PLAZA NURSING HOME, INC. v. BEATRICE

26 A.D.3d 370 (2006)

808 N.Y.S.2d 552

UNION PLAZA NURSING HOME, INC., Respondent, v. MICHAEL BEATRICE, Appellant.

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

February 14, 2006.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the defendant's motion to dismiss the complaint for failure to timely serve the summons and complaint and in granting the plaintiff's cross motion pursuant to CPLR 306-b for an extension of time to effect service upon the defendant (see Leader v. Maroney, Ponzini & Spencer,

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