ULTIMATE ONE DISTRIBBUTING CORP. v. 2900 STILLWELL AVENUE, LLC

2015-05678, Index No. 500111/14.

140 A.D.3d 1054 (2016)

36 N.Y.S.3d 142

2016 NY Slip Op 04931

ULTIMATE ONE DISTRIBUTING CORP., Appellant, v. 2900 STILLWELL AVENUE, LLC, Respondent, et al., Defendants.

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

Decided June 22, 2016.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, that branch of the motion of the defendant 2900 Stillwell Avenue, LLC, which was pursuant to CPLR 3012 (d) to extend the time for it to appear in the action is denied, and that branch of that defendant's motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it is denied.

CPLR 3012 (d) provides that "[u...

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