Mangar v. Happy Kitchen Inc.

OPINION OF THE COURT

Denis J. Butler, J.

It is ordered that the motion of defendant 191 Jamaica, Inc. (the moving defendant) and cross motion of plaintiffs are determined as follows:

Moving defendant moves to dismiss the claims asserted against it, pursuant to CPLR 3211 (a) (8), due to plaintiffs’ failure to serve the amended summons and amended verified complaint. Plaintiffs oppose the motion, and cross-move for an enlargement of time to serve their amended pleadings under CPLR 306-b. Defendant opposes the cross motion.

Procedural History

The relevant procedural history is not in dispute. This…