Campbell v. Starre Realty Co.

Williams, J. P., and Friedman, J.,

concur in a memorandum by Friedman, J., as follows: CPLR 306-b provides that service of a summons and complaint must be made within 120 days of their filing with the clerk of the court. The issue presented by this appeal is whether a plaintiff must submit an affidavit of merit in order to successfully oppose a motion to dismiss for failure to make service within the 120-day period. The majority, in affirming Supreme Court’s order denying defendant’s dismissal motion, holds that an affidavit of merit need not be submitted.

Although I agree with the result…