Scarabaggio v. Olympia & York Estates Co.

Thompson, J.,

dissents and votes to reverse the order appealed from, deny the motion to extend, and grant the cross motion to dismiss the complaint insofar as asserted against the appellant with the following memorandum, in which Schmidt, J., concurs: I would reverse. In my view, leave to extend the 120-day period should be granted only where the plaintiff establishes reasonable diligence in attempting to effect service (see, Mem of Senate in Support of L 1997, ch 476, 1997 McKinney’s Session Laws of NY, at 2457; Hafkin v North Shore Univ. Hosp., 279 AD2d 86 [decided herewith]; Ageyeva v…