Ordered that the order dated April 9, 2008 is reversed, on the facts and in the exercise of discretion, that branch of the appellant's motion, in effect, pursuant to CPLR 3211 (a) (8) which was to dismiss the complaint insofar as asserted against it is granted, and the plaintiff's cross motion pursuant to CPLR 306-b to extend his time to serve the summons and complaint is denied; and it is further,
Ordered that the order dated October 10, 2008 is modified, on the...
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