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FAWN SECOND AVE. LLC v. FIRST AM. TIT. INS. CO.

Index No. 655735/18. Appeal No. 13328. Case No. 2019-05462.

192 A.D.3d 478 (2021)

140 N.Y.S.3d 399

2021 NY Slip Op 01480

Fawn Second Avenue LLC et al., Respondents, v. First American Title Insurance Company, Appellant.

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

Decided March 11, 2021.

Attorney(s) appearing for the Case

Sills Cummis & Gross P.C., New York ( Jaimee Katz Sussner of counsel), for appellant.

Goldberg Weprin Finkel Goldstein LLP, New York ( Matthew Hearle of counsel), for respondents.

Concur—Webber, J.P., Kern, Scarpulla, Mendez, JJ.

Because defendant's motion to dismiss the complaint pursuant to CPLR 3012(b) preceded plaintiffs' motion for an extension of time pursuant to CPLR 2004, the case should be analyzed under CPLR 3012(b) (see A & J Concrete Corp. v Arker, 54 N.Y.2d 870 [1981]). Thus, although we agree with the motion court that plaintiffs' delay in serving the complaint was excusable on the basis of law office failure (see Brooklyn Union Gas Co...

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