JOHNSON v. CONCOURSE VILLAGE, INC.

1930, 17424/07

69 A.D.3d 410 (2010)

892 N.Y.S.2d 358

2010 NY Slip Op 10

SHIRLEY JOHNSON, Appellant, v. CONCOURSE VILLAGE, INC., et al., Respondents.

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

Decided January 5, 2010.


Although plaintiff's counsel served her pleadings just one day after the applicable 120-day service period expired (see CPLR 306-b), and counsel offered proof that he attempted to arrange for service with eight days remaining out of the 120-day period, he nonetheless failed to show diligence in his efforts to effect service, particularly as the three-year statute of limitations (CPLR 214 [5]) had already expired, and he did not follow up with the process server regarding...

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