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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46922 Justice Palmieri DEFENDANT MOVED to: dismiss plaintiff’s complaint due to her failure to receive notice of an ex parte motion to extend plaintiff’s time for service; extend her time to move to dismiss for improper service; and, object to the addition of the codefendant. Referring to Civil Practice Law and Rules �306-b, the court held that there is no need to serve a proposed defendant with notice of motion seeking leave to extend time to make service. Referring to CPLR �3211(e), it denied defendant leave to make a late motion to dismiss, noting that her affidavit did not mention hardship that allegedly prevented her from moving within 60 days after service of her answer. Finding plaintiff’s amended summons and complaint were served before service of the original summons and complaint, the court held that because there was a failure to comply with CPLR ��305(a) and 1003 and no filing of the amended summons and complaint, the codefendant’s addition was null and the complaint must be dismissed.

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