Velez v. ABC Auto & Glass

In an action to recover damages for personal injuries, the defendant John Rosatti appeals from so much of an order of the Supreme Court, Kings County (Miller, J.), dated July 24, 2008, as granted the plaintiffs cross motion pursuant to CPLR 306-b for an extension of time to serve the summons and complaint upon him.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiffs cross motion is denied.

Under the facts of this case, the Supreme Court improvidently *1139exercised its discretion in granting the plaintiffs cross motion pursuant to CPLR 306-b to…