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NOBLE DESKTOP NYC, LLC v. AMERICAN GRAPHICS INST., LLC

656677/20. Appeal No. 15450. Case No. 2021-03375.

203 A.D.3d 474 (2022)

160 N.Y.S.3d 865

2022 NY Slip Op 01424

Noble Desktop NYC, LLC, Respondent, v. American Graphics Institute, LLC, Appellant, et al., Defendants.

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

Decided March 8, 2022.

Attorney(s) appearing for the Case

Law Office of Ray Beckerman, P.C., Forest Hills (Ray Beckerman of counsel), and Godbout Law, PLLC, Boston, MA (John A. Mangones of the bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), for appellant.

Ray & Counsel, P.C., New York (John H. Ray, III of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, Oing, Singh, Scarpulla, JJ.

The court properly denied defendant's motion to dismiss the complaint and properly granted plaintiff's cross motion for an extension of time to serve the complaint (see Campbell v Starre Realty Co., 283 A.D.2d 161 [1st Dept 2001]). Plaintiff established good cause for late service by demonstrating that it exercised reasonably diligent efforts to timely effect proper service (id.). Moreover, no statute of limitations is implicated...

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