Ordered that the order entered October 6, 2016, is modified, on the law, (1) by deleting the provision thereof granting those branches of the plaintiff's motion which were to extend the time to serve the defendant Robert S. Rogener and to deem a 2013 service attempt upon him to be effective nunc pro tunc to the date of that service attempt, and thereupon, for leave to enter a default judgment against that defendant, and substituting therefor a provision denying those branches...
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