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DIBUONO v. ABBEY, LLC

2009-06990

71 A.D.3d 720 (2010)

895 N.Y.S.2d 726

JAMES DIBUONO et al., Respondents, v. ABBEY, LLC, et al., Defendants, and Estate of MICHAEL R. CRABTREE, Appellant (And a Third-Party Action.).

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

Decided March 9, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the motion of the defendant estate of Michael R. Crabtree (hereinafter the estate) to dismiss the complaint insofar as asserted against it and in granting the plaintiffs' cross motion pursuant to CPLR 306-b to extend the time for service of the summons and complaint upon the estate in the interest of justice (see Leader v Maroney, Ponzini & Spencer...

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