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RYAN v. HIGH ROCK DEV., LLC

2013-05669, Index No. 102485/12.

124 A.D.3d 751 (2015)

THOMAS RYAN et al., Appellants, v. HIGH ROCK DEVELOMENT, LLC, et al., Respondents, et al., Defendants.

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

Decided January 21, 2015.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants High Rock Development, LLC, Pugliese Construction Corp., Michael Pugliese, Dominick Pugliese & Sons Realty Corp., and Dominick Pugliese pursuant to CPLR 3012 (b) to dismiss the action for failure to timely serve a complaint is denied.

The plaintiffs commenced this action by filing a summons with notice. It is undisputed that the summons with notice was never served on...

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