CPLR §
306-b. Service of the summons and complaint, summons with notice,
third-party summons and complaint, or petition with a notice of
petition or order to show cause
CPLR § 207. Defendant's absence from state or residence under false name
Shelkowitz v Rainess, 2008 NY Slip Op 09906 (App. Div., 1st)
Dismissal of the complaint was proper where plaintiff did not effect
service of the summons and complaint upon defendant within 120 days
after the filing of the action (CPLR 306-b). Nor is an extension of
time for service warranted in the "interest of justice" (id.).
The request for an extension of time was not made until opposition to
defendant's cross motion to dismiss, which was approximately 20 months
after the filing of the action (see Slate v Schiavone Constr. Co., 4 NY3d 816 [2005]; Pecker Iron Works, Inc. v Namasco Corp., 37 AD3d 367
[2007]). Furthermore, contrary to plaintiff's contention, CPLR 207 is
not applicable as there is no evidence that defendant was either absent
from the state within the meaning of the statute, or that he was listed
under a false name.
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