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1400 ARDEL CONSTRUCTION & DESIGN GROUP, INC. v. VBG 990 AOA, LLC

Index No. 654671/21, Appeal No. 1400, Case No. 2023-00837.

2024 NY Slip Op 00122

ARDEL CONSTRUCTION & DESIGN GROUP, INC., Plaintiff-Appellant, v. VBG 990 AOA, LLC, ET AL., Defendants-Respondents.

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

Decided January 11, 2024.

Attorney(s) appearing for the Case

Florio Perrucci Steinhardt Cappelli Tipton & Taylor, LLC, New York ( Katharine A. Fina of counsel), for appellant.

Rosenberg & Estis, P.C., New York ( Brett B. Theis of counsel), for respondents.

Before: Kern, J.P., Oing, Singh, Kapnick, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Robert Reed, J.), entered on or about January 4, 2023, which denied plaintiff's motion for an extension of time to serve the summons and complaint on surety defendant Atlantic Specialty Insurance Company, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff's motion for an extension of time to serve Atlantic with the summons and complaint should have been granted because plaintiff established the...

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