BRAXTON v. McMILLAN

2009-08888

76 A.D.3d 607 (2010)

905 N.Y.S.2d 908

DORINDA BRAXTON et al., Respondents, v. GEORGE McMILLAN et al., Defendants, and MARIO DiBLASIO, Appellant.

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

Decided August 17, 2010.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the motion of the defendant Mario DiBlasio pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him is granted, and the plaintiffs' cross motion pursuant to CPLR 306-b to extend the time for service of the summons and complaint upon the defendant Mario DiBlasio is denied.

Under the circumstances of this case, the Supreme Court improvidently exercised...

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