Gear Up, Inc. v. City of New York

Order, Supreme Court, New York County (Lynn R. Kotler, J-), entered September 3, 2015, which denied defendant Village Voice, LLC also known as the Village Voice’s motion to dismiss the action as against it for failure to serve a complaint, and granted plaintiffs’ cross motion for an extension of time under CPLR 3012 (b), deeming the proposed complaint timely served nunc pro tunc, unanimously reversed, on the law and the facts, without costs, plaintiffs’ motion denied, and defendant’s motion granted. The Clerk is directed to enter judgment dismissing the action as against the Village Voice.

Plai…