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STATE OF NY MTGE. v. BRAUN

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182 A.D.3d 63 (2020)

119 N.Y.S.3d 522

2020 NY Slip Op 01107

STATE OF NEW YORK MORTGAGE AGENCY, Appellant, v. YAKOV BRAUN, Respondent, et al., Defendants.

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

Decided February 13, 2020.

Attorney(s) appearing for the Case

Rosicki, Rosicki & Associates, P.C., Plainview ( Andrew Morganstern of counsel), for appellant.

Jeremy Rosenberg , New York City, for respondent.

BALKIN, J.P. and CONNOLLY, J., COMM' with LEVENTHAL, J.; BARROS, J., dissents in a separate opinion' in which HINDSRADIX, J., concurs.

OPINION OF THE COURT

On these appeals, we agree with the plaintiff that an extension of time to serve a certain defendant was warranted in the interest of justice. In reaching this conclusion, we reject the view that the motion pursuant to CPLR 306-b to extend the time for service, made in a pending action but after the Supreme...

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