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THEWET v. CLARKE

38 A.D.3d 447 (2007)

833 N.Y.S.2d 47

ROBERTO THEWET et al., Respondents, v. ROLAND CLARKE, Appellant.

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

Decided March 27, 2007.

The motion court properly granted defendant's alternative request for extension of time to file a late answer. Although plaintiffs did not serve the summons and complaint within 30 days of entry of the order permitting substituted service via defendant's insurance carrier, plaintiffs did make service within 30 days of noticing entry of that order (see Gallo v Ventimiglia, 283 A.D.2d 331 [2001]). Plaintiffs were unaware that the order...

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