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Chung v. MS Deli

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 317 (N.Y. App. Div. 1998)

Opinion

December 7, 1998

Appeal from the Supreme Court, Kings County.


Ordered that the order is affirmed insofar as appealed from, with costs.

The complaint was automatically dismissed against the defendants MS Deli and Mun Taek Oh d/b/a MS Deli when the plaintiffs failed to file proof of service, and there was no appearance by either defendant within 120 days after the date of filing of the summons and complaint ( see, CPLR former 306-b; Cerrito v. Galioto, 216 A.D.2d 265). Under the circumstances of this case, we find that the plaintiffs' argument that the defendant MS Deli appeared in this action is without merit ( see, Simkins v. Gruenspan, 118 Misc.2d 107, 109; cf., Nardi v. Hirsch, 253 A.D.2d 575).

In light of our determination herein, it is unnecessary to reach the appellants' remaining contentions.

Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.


Summaries of

Chung v. MS Deli

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 317 (N.Y. App. Div. 1998)
Case details for

Chung v. MS Deli

Case Details

Full title:NAM JIN CHUNG et al., Appellants, v. MS DELI et al., Respondents, et al.…

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

Date published: Dec 7, 1998

Citations

256 A.D.2d 317 (N.Y. App. Div. 1998)
681 N.Y.S.2d 328

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