Appellate Division of the Supreme Court of New York, 1996

Lieber v. Sette-Juliano Construction Corp.

Lieber v. Sette-Juliano Construction Corp.
Appellate Division of the Supreme Court of New York · Decided June 3, 1996
228 A.D.2d 419; 643 N.Y.2d 420; 643 N.Y.S.2d 420; 1996 N.Y. App. Div. LEXIS 6264
Lieber v. Sette-Juliano Construction Corp.

Opinion of the Court

*420The Supreme Court properly concluded that since the defendant URS Consultants, Inc. (hereinafter URS) appeared in this action during the 120-day period following its commencement, the action against URS should not have been dismissed for the plaintiffs failure to timely file proof of service (see, CPLR 306-b [a]; Cerrito v Galioto, 216 AD2d 265). Accordingly, the action as against URS was properly restored to the trial calendar. Rosenblatt, J. P., Sullivan, Coper tino, Santucci and Goldstein, JJ., concur.

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