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VELEZ v. ABC AUTO & GLASS

65 A.D.3d 1138 (2009)

885 N.Y.S.2d 204

NITZA VELEZ, Respondent, v. ABC AUTO & GLASS et al., Defendants, and JOHN ROSATTI, Appellant.

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

Decided September 15, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's cross motion is denied.

Under the facts of this case, the Supreme Court improvidently exercised its discretion in granting the plaintiff's cross motion pursuant to CPLR 306-b to extend the time within which to serve the summons and complaint upon the defendant John Rosatti. Notwithstanding the expiration of the statute...

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