The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 3, 4, 5, 6, 7, 8, 9 were read on this motion to/for EXTEND — TIME. DECISION ORDER ON MOTION ORDER Upon the foregoing documents, it is ORDERED that the motion of plaintiff John DeLucie for an extension of time to serve the summons and complaint and for alternative service is granted, and it is further ORDERED that plaintiff John DeLucie shall serve the summons and complaint upon Jeffrey Strauss, counsel for defendant Sean Lagrotta, within forty-five (45) days of service of a copy of this order with notice of entry, and it is further ORDERED that Jeffrey Strauss, defendant’s counsel, is directed to accept service on behalf of Sean Lagrottai and it is further ORDERED that within forty-five (45) days after such service, defendant shall answer or otherwise move with respect to the complaint, and it is further ORDERED that counsel are directed to submit to [email protected] and NYSCEF a proposed preliminary conference order or competing proposed preliminary conference order on March 15, 2021. DECISION In motion sequence 001, plaintiff John DeLucie (DeLucie) moves, pursuant to: (1) CPLR 306-b, for an order extending the time to serve the summons and complaint (Complaint), and (2) CPLR 308 (5), for an order directing service of the summons and Complaint by alternative means. In this action, Delucie seeks damages arising from a failed venture to own and manage certain restaurants in New York City, New York. DeLucie, Lagrotta, and non-party Mark Thomas Amadei were partners in the ownership of several restaurants, which were managed by Lagrotta. In his complaint, DeLucie alleges that Lagrotta’s severe mismanagement of the restaurants resulted in closure of the restaurants and subjected the owners to lawsuits by restaurant employees and the New York State Department of Taxation and Finance. It is undisputed that DeLucie failed to serve his summons and Complaint within the proscribed 120-day time frame (NYSCEF Doc. No. [NYSCEF] 3, 17) Douglas M. Schneider (Schneider), counsel for DeLucie, submits an attorney affirmation detailing the efforts to serve Lagrotta using traditional methods (id. at
