GOLDSTEIN GROUP HOLDING, INC. v. 310 EAST 4TH STREET HOUSING DEVELOPMENT FUND CORP.

850125/15, 4618, 4617.

154 A.D.3d 458 (2017)

62 N.Y.S.3d 105

2017 NY Slip Op 07086

GOLDSTEIN GROUP HOLDING, INC., Appellant, v. 310 EAST 4TH STREET HOUSING DEVELOPMENT FUND CORPORATION, Respondent, HOWARD BRANDSTEIN, Intervenor-Respondent, et al., Defendants.

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

Decided October 10, 2017.


Supreme Court correctly dismissed the complaint for lack of personal jurisdiction, because plaintiff failed to serve defendant within 120 days after commencement of the action and failed to show that its time for service should be extended for good cause or in the interest of justice (CPLR 306-b). Plaintiff was the substituted plaintiff in a prior foreclosure action against defendant that, three months before plaintiff filed the instant complaint, was dismissed for lack of...

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