White v. Maradiaga

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (O’Connell, J.), dated August 25, 2003, which denied their motion, in effect, to extend their time to serve the summons and complaint and granted the defendant’s cross motion to dismiss the complaint pursuant to CFLR 306-b.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, and the cross motion is denied, the service effectuated on the defendant on March 29, 2003, is deemed to have been timely made,…