The complaint should not have been dismissed as against IOM, since IOM failed to move to dismiss on the grounds of lack of personal jurisdiction within 60 days after serving its answer (CPLR 3211 [e]). Although defense counsel had hired an investigator to determine whether IOM was still in business, there was sufficient information within the 60-day time limit upon which to move. Thus, counsel failed to make a showing of undue hardship so as to extend the statutory deadline...
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