Defendant's motion to dismiss was based on an affirmative defense conclusorily alleging lack of service and defendant's affidavit asserting that she no longer lived at the address where the nail-and-mail service was allegedly made. The motion was properly denied on the ground that it was made, i.e., mailed to plaintiffs' attorney, 61 days after service of the answer, in noncompliance with CPLR 3211 (e) limiting the time for making such a motion to 60 days. Defendant's argument...
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