HOROWITZ v. COCH

2010-01020.

82 A.D.3d 707 (2011)

917 N.Y.S.2d 894

ESTHER HOROWITZ, Respondent, v. DORRIT COCH, Defendant, and LAURA McKENNA, Appellant.

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

Decided March 1, 2011.


Ordered that the order dated December 9, 2009, is reversed, on the facts and in the exercise of discretion, with costs, the appellant's motion pursuant to CPLR 306-b and 3211 (a) (5) to dismiss the complaint insofar as asserted against her, and to vacate the order dated May 21, 2009, granting the plaintiff's unopposed motion pursuant to CPLR 306-b to extend the time to serve the summons and complaint upon her and, in effect, to deny the plaintiff's motion is granted, the...

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