Posada v. Pelaez

Order, Supreme Court, New York County (Joan B. Carey, J.), entered on or about August 12, 2005, which, to the extent appealed from as limited by the briefs, denied plaintiffs motion to file her affidavit of service of process against defendant Naseh late or nunc pro tunc and her cross motion for an extension of time to effect such service, and granted Naseh’s cross motion to dismiss the action against him on the ground that he was not properly served with process, unanimously affirmed, without costs.

Plaintiff failed to serve Dr. Naseh within the required 120-day period after filing (CPLR…