Finnegan v. NFT-Metro Bus System, Inc.

Order reversed, without costs, defendants’ motion granted and complaint dismissed. Memorandum: Special Term was without authority to grant plaintiff an extension of time to serve her summons and complaint. CPLR 321 (subd [c]), upon which Special Term relied, provides that “[i]f an attorney * * * ¡s * * * suspended * * * at any time before judgment, no further proceeding shall be taken in the action against the party for whom he appeared, without leave of the court, until thirty days after notice to appoint another attorney has been served” (emphasis supplied). That section is operative only *1011wi…