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GENGO v. STORMS

2018-02176, Index No. 712661/16.

171 A.D.3d 709 (2019)

95 N.Y.S.3d 836

2019 NY Slip Op 02504

Paul J. Gengo, Appellant, v. Derrick Ramon Storms, Respondent.

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

Decided April 3, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

On October 23, 2016, the plaintiff commenced this action sounding in legal malpractice. In March 2017, the defendant moved, inter alia, pursuant to CPLR 3211 (a) (8) to dismiss the complaint based on the failure to serve process after two defective attempts at service. The plaintiff opposed the motion and cross-moved, among other things, pursuant to CPLR 306-b to extend the plaintiff's time to...

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