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AMBROSIO v. SIMONOVSKY

62 A.D.3d 634 (2009)

878 N.Y.S.2d 191

SHANNON AMBROSIO, Appellant, v. BORIS SIMONOVSKY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 5, 2009.

Ordered that the order is affirmed, with costs.

In opposition to the defendant's motion to dismiss the complaint pursuant to CPLR 306-b and in support of the plaintiff's cross motion to extend his time to serve the summons and complaint pursuant to that statute, the plaintiff was required to show either good cause for his failure to serve the defendant with the summons and complaint within 120 days after their filing or that an extension of time to effect service...

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