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ZHELEZNYAK v. GORDON & GORDON, P.C.

2018-07075, Index No. 708110/17.

175 A.D.3d 1360 (2019)

105 N.Y.S.3d 890

2019 NY Slip Op 06536

Arkady Zheleznyak, Appellant, v. Gordon & Gordon, P.C., Defendant, and Leslie Nizin, Respondent.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Robert Bondar , Brooklyn, NY, for appellant.

Steinberg & Cavaliere, LLP, White Plains, NY ( Ronald W. Weiner of counsel), for respondent.

Rivera, J.P., LaSalle, Barros and Iannacci, JJ., concur.

Ordered that the order is affirmed, with costs.

Following the commencement of this action on June 21, 2017, the defendant Leslie Nizin moved, inter alia, pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him on the ground of lack of personal jurisdiction, based upon the alleged failure by the plaintiff to serve him within 120 days after the filing of the summons and complaint (see CPLR 306-b). The plaintiff had failed to file...

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