| 311 W. 43rd Venture v Professional Sound Servs., Inc. |
| 2019 NY Slip Op 05634 [174 AD3d 462] |
| July 11, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 311 West 43rd Venture, Respondent, v Professional Sound Services, Inc., Defendant, and Richard H. Topham, Jr., Appellant. |
The Law Offices of Geoffrey T. Mott, P.C., Woodbury (Samuel W. Miller of counsel), for appellant.
Order, Supreme Court, New York County (Andrew Borrok, J.), entered July 26, 2018, which granted the motion of defendant Richard Topham, Jr. to dismiss the complaint on the basis of improper service only to the extent of granting plaintiff an extension of time to serve process, unanimously affirmed, without costs.
The court did not abuse its discretion in granting plaintiff an extension of time to serve process pursuant to CPLR 306-b (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 [2001]). Concur—Friedman, J.P., Richter, Tom, Oing, Moulton, JJ.