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HAR CHIN v. YARD

40 A.D.3d 590 (2007)

833 N.Y.S.2d 405

LAI HAR CHIN, Respondent, v. ANDERSON D. YARD, Appellant.

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

Decided May 1, 2007.

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

The defendant waived late service of the complaint by accepting and retaining the complaint, without objection, before moving to dismiss the complaint pursuant to CPLR 3012 (b) approximately eight months later (see Ligotti v Wilson, 287 A.D.2d 550, 551 [2001]; Chiulli v Coyne, 210 A...

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