Order unanimously reversed on the law with costs, motions denied and complaint reinstated. Memorandum:
Supreme Court erred in granting defendants' motions to dismiss the complaint for failure to file proof of service of the summons and complaint within 120 days of commencement of the action in accordance with CPLR former 306-b. Where, as here, defendants appeared in the action before the expiration of the 120-day period, such filing was not required ( see, CPLR former 306-b [a]; Tucker v. Leak, 268 A.D.2d 320; Lieber v. Sette-Juliano Constr. Corp., 228 A.D.2d 419; Cerrito v. Galioto, 216 A.D.2d 265). Defendants' reliance on Zimmer v. Lake Shore Hosp. ( 272 A.D.2d 957, lv denied 96 N.Y.2d 705) is misplaced because the defendants in that case did not appear prior to the expiration of the 120-day period.