Appellant did in fact receive a complaint, retain counsel and serve an answer with five affirmative defenses. As the motion court held, proper service was effected only 42 days after the end of the statutory 120-day period (CPLR 306-b). The court providently exercised its discretion, in the interest of justice, in granting plaintiff an extension of time to serve the summons and complaint (see Leader v Maroney, Ponzini & Spencer,
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RIVERA v. OSTAD, M.D.
37 A.D.3d 374 (2007)
829 N.Y.S.2d 901
FELICITA RIVERA, Respondent, v. DAVID OSTAD, M.D., et al., Defendants, and COSMETIC SURGERY CENTER OF NEW YORK, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided February 27, 2007.
Decided February 27, 2007.
Appellate Division of the Supreme Court of the State of New York, First Department.
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