L & L Developers of Greater Rochester, Inc. v. NYNA Electric Corp.

Appeal from an order of the Supreme Court, Monroe County (David D. Egan, J.), entered February 24, 2007. The order, insofar as appealed from, denied that part of defendant’s motion seeking to dismiss the negligence causes of action.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that its property was damaged by a fire on March 24, 2003. Plaintiff filed its summons and complaint on March 24, 2006 and, within the 120-day time period required by CPLR 306-b, plaintiff served the summons and complaint…