If proof of service in an action commenced in supreme or county court is not filed with the clerk of the court within 120 days after date of filing of the summons and complaint: A. action will be automatically dismissed. B. defendant may move for dismissal C. time to file is automaticall...
on the merits, that branch of the appellants' application which was pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against them for lack of personal jurisdiction (see Fugazy v Fugazy,44 AD3d 613, 614). As the party seeking to assert personal jurisdiction, the pl...