Lee v. Colley Group McMontebello, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Although the 120-day period to serve the defendant pursuant to CPLR 306-b expired on February 22, 2010, the plaintiff made no attempt to serve the defendant during that period. On March 16, 2010, the plaintiff served a copy of the summons with notice upon the defendant through the Secretary of State.
Thereafter, the defendant moved to dismiss the complaint pursuant to CPLR 3211 (a) (8) on the ground of lack of personal jurisdiction. In her opposition papers, the plaintiff argued that, in the interest of justice, she should be given additional time to serve her summons with notice.
In the order…
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