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ONEWEST BANK, FSB v. BARBOSA

381620/10, 9265, 9264.

172 A.D.3d 484 (2019)

98 N.Y.S.3d 421

2019 NY Slip Op 03673

OneWest Bank, FSB, Appellant, v. Edgar Barbosa et al., Respondents, et al., Defendants.

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

Decided May 9, 2019.

The court dismissed the action as against Barbosa in March 2017, but plaintiff did not move until June to extend the time to serve him. As the court correctly found in the July 2017 order, "once the action was dismissed, plaintiff could no longer seek an extension of time to effect service" (Jimenez v City of New York, 13 A.D.3d 107, 107 [1st Dept 2004]; see also Sottile v Islandia Home for Adults, 278 A.D...

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