Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff allegedly slipped and fell on a wet floor at the defendant's restaurant on October 27, 2006. On October 23, 2009, just before the expiration of the applicable statute of limitations, the plaintiff filed a summons with notice with the Westchester County Clerk.
Although the 120-day period to serve the defendant pursuant to CPLR 306-b expired on February 22, 2010, the plaintiff...
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