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BOARD OF MANAGERS OF FOUNDRY v. FOUNDRY DEVELOPMENT CO., INC.

2013-10080, 2013-10957, Index Nos. 4484/10, 1567/12, 4656/13.

137 A.D.3d 1181 (2016)

28 N.Y.S.3d 442

2016 NY Slip Op 02309

BOARD OF MANAGERS OF FOUNDRY AT WASHINGTON PARK CONDOMINIUM, as Agent for All Unit Owners, Plaintiff, v. FOUNDRY DEVELOPMENT CO., INC., et al., Defendants. (Action No. 1.) JOSEPH SUAREZ, as President of Paul & Joseph Management, Inc., Plaintiff, v. FOUNDRY AT WASHINGTON PARK CONDOMINIUM ASSOCIATION et al., Defendants. (Action No. 2.) JOSEPH SUAREZ et al., Appellants, v. ROY SPELLS et al., Defendants, and SMITH, BUSS & JACOBS, LLP, et al., Respondents. (Action No. 3.)

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

Decided March 30, 2016.

Ordered that the orders are affirmed, with one bill of costs.

CPLR 306-b requires that service of the summons and complaint "shall be made within one hundred twenty days after the commencement of the action," and "[i]f service is not made upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action without prejudice as to that...

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