NIGRO v. EASTCO BLDG. SERVS., INC

ORDERED that the order is affirmed, without costs or disbursements.

Since the plaintiffs' initial attempt at service was invalid, the denial of their first cross motion for leave to enter a judgment upon the defendant's default was proper ( see Fwu Chyoong Chow v. Kenteh Enters. Corp., 169 A.D.2d 572; Preferred Elec. and Wire Corp. v. Duracraft Prods., 114 A.D.2d 407). The Supreme Court thereafter providently exercised its discretion by extending the time for service in the interest of justice under CPLR 306-b ( see Leader v. Maroney, Ponzini Spencer, 97 N.Y.2d 95, 105-106; Citron v. Schlossberg, 282 A.D.2d 642).

In light of our determination, we need not reach the parties' remaining contentions.

SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.