CONDE v. ZAGANJOR

2008-07694.

66 A.D.3d 947 (2009)

886 N.Y.S.2d 829

2009 NY Slip Op 7788

EDWARDO CONDE, Appellant, v. ASIM ZAGANJOR et al, Defendants, and DARRYL A. PRINCE et al, Respondents.

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

Decided October 27, 2009.


Ordered that the order is reversed, on the law, with costs, and the respondents' motion pursuant to CPLR 3211 to dismiss the complaint insofar as asserted against them is denied.

"[T]he requirement in CPLR 308(4) that proof of service be filed with the clerk of the court within 20 days of affixing or mailing of the summons and complaint, whichever is effected later, `pertains solely to the time within which a defendant must answer, and does not relate to the jurisdiction...

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