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TINSON v. 512 WEST 29TH STREET, LLC

60 A.D.3d 575 (2009)

874 N.Y.S.2d 807

ROHAN TINSON, Respondent, v. 512 WEST 29TH STREET, LLC, Also Known as STEREO CLUB, Appellant.

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

Decided March 26, 2009.

The summons and complaint were filed on December 29, 2006, giving plaintiff until April 28, 2007, to effect service (CPLR 306-b). Proper service was made on the Secretary of State on March 30, after working out some procedural defects in the papers. On April 4, plaintiff's counsel consented to a 30-day extension for defendant to answer the complaint. Instead, defendant moved on May 2 to dismiss for failure to serve within the statute of limitations, which had expired on December...

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