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MILLER v. STONY BROOK SCH.

Suffolk County Index No. 611020/21. 2021-08966.

230 A.D.3d 1135 (2024)

218 N.Y.S.3d 434

2024 NY Slip Op 04385

David Miller, Appellant, v. Stony Brook School, Respondent, et al., Defendants.

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

Decided September 11, 2024.

Attorney(s) appearing for the Case

Herman Law (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Greg Freedman], of counsel), for appellant.

Volz & Vigliotta, PLLC, Nesconset, NY (Joshua S. Shteierman of counsel), for respondent.

Duffy, J.P., Wooten, Warhit and Taylor, JJ., concur.

In an action to recover damages for negligence, the plaintiff appeals from an order of the Supreme Court, Nassau County (Part CVA-R) (Steven M. Jaeger, J.), dated December 1, 2021. The order granted the motion of the defendant Stony Brook School pursuant to CPLR 3012(b) to dismiss the action insofar as asserted against it for failure to timely serve the complaint.

Ordered that the order is reversed, on the law and in the...

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