At page 449 Plaintiff, was injured on October 31, 2004, and served the City of New York with a notice of claim on December 7, 2004. Thereafter, a General Municipal Law §…8 citing cases
- Stone v. Metro. Transp. Auth., 2025 NY Slip Op 31009(U) (N.Y. Sup. Ct., New York Cty. 2025).Sutter v Reyes, 60 AD3d 448, 449 [1st Dept 2009]).
- Mishkin v. Andrea, 2024 NY Slip Op 33911(U) (N.Y. Sup. Ct., New York Cty. 2024).And, further, if "some factors weigh in favor of granting an interest of justice extension and some do not, we should not disturb Supreme Court's discretion-laden determination." Sutter v Reyes, 60 AD3d 448, 449 (I st Dept 2009).
- Matter of Bd. of Educ. of the City Sch. Dist. of the City of New York v. McKeever, 2024 NY Slip Op 01979 (N.Y. App. Div. 1st Dep't 2024).Preliminarily, the court providently granted an extension of BOE's time to serve the petition, as BOE made diligent efforts to serve Allah and there was no showing of prejudice ( see Deutsche Bank, AG v Vik , 149 AD3d 600, 600 [1st Dept 20…
- Krembs v. NYU Langone Hosps., 2023 NY Slip Op 01236 (N.Y. App. Div. 1st Dep't 2023). While diligence and delay are not threshold issues when seeking an extension of time in the interest of justice, they remain factors to be considered by the court, and, under these circumstances, we agree that an extension of time was not…
- Gjurashaj v. ABM Indus. Groups, LLC, 2023 NY Slip Op 00753 (N.Y. App. Div. 1st Dep't 2023). The record demonstrates that the statute of limitations had not expired at the time of plaintiff's motion, plaintiff alleges potentially meritorious claims, there was a short delay in service, plaintiff promptly requested an extension, and…
- Nunez-Ariza v. Nell, 2018 NY Slip Op 3735 (N.Y. App. Div. 1st Dep't 2018)."Because some factors weigh in favor of granting an interest of justice extension and some do not, we should not disturb Supreme Court's discretion-laden determination" ( Sutter v Reyes , 60 AD3d 448, 449 [1st Dept 2009]; see Nicodene v By…
- Deutsche Bank, AG v. Vik, 149 A.D.3d 600 (N.Y. App. Div. 1st Dep't 2017).Where “ ‘some factors weigh in favor of granting an interest of justice extension and some do not,’ ” this Court will not disturb the motion court’s “ ‘discretion-laden determination’ ” (id. at 519, quoting Sutter v Reyes, 60 AD3d 448, 449…
- Petracca v. Hudson Tower Owners LLC, 139 A.D.3d 518 (N.Y. App. Div. 1st Dep't 2016).Although plaintiff delayed in moving for an extension, other relevant factors weighed in favor of granting plaintiff’s motion, including plaintiff’s diligence, the expiration of the statute of limitations on plaintiff’s intentional tort cl…
v.
Winston Reyes, and City of New York
Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered October 31, 2007, which granted plaintiffs motion for an extension of time to serve the complaint pursuant to CPLR 306-b and denied defendant City of New York’s cross motion to dismiss for lack of personal jurisdiction, unanimously affirmed, without costs.
[*449] Plaintiff, was injured on October 31, 2004, and served the City of New York with a notice of claim on December 7, 2004. Thereafter, a General Municipal Law § 50-h hearing was held. When plaintiffs process server attempted to serve the City he delivered the initiatory papers to the wrong government entity, namely, the New York State Office of the State Deputy Comptroller. Thus, plaintiff failed to serve the City. Plaintiffs counsel did however, send letters to the lawyers that represented the City at the section 50-h hearing, the New York State Office of the State Deputy Comptroller and the New York City Corporation Counsel’s Office requesting that the City file an answer to the action. Subsequently, plaintiff sought an extension of time to serve the City, which Supreme Court granted.
In Leader v Maroney, Ponzini & Spencer (97 NY2d 95, 105-106 [2001]), the Court of Appeals stated: “The interest of justice standard [of CPLR 306-b] requires a careful judicial analysis of the factual setting of the case and a balancing of the competing interests presented by the parties. Unlike an extension request premised on good cause, a plaintiff need not establish reasonably diligent efforts at service as a threshold matter. However, the court may consider diligence, or lack thereof, along with any other relevant factor in making its determination, including expiration of the Statute of Limitations, the meritorious nature of the cause of action, the length of delay in service, the promptness of a plaintiffs request for the extension of time, and prejudice to defendant.” Here, plaintiffs counsel exercised little, if any, diligence in serving the City. Moreover, plaintiffs request for the extension of time to serve the City was not prompt. Nevertheless, there are factors which support an interest of justice extension, and the City has not demonstrated that it would be prejudiced if the extension were granted. In this regard, the City has not established that, as a result of plaintiffs failure to serve it timely or plaintiffs delay in seeking an extension, the City has lost some special right, or incurred some change of position or some significant expense (see Murray v City of New York, 51 AD3d 502, 503 [2008], lv denied 11 NY3d 703 [2008], citing Barbour v Hospital for Special Surgery, 169 AD2d 385 [1991]). Because some factors weigh in favor of granting an interest of justice extension and some do not, we should not disturb Supreme Court’s discretion-laden determination. We note that it is significant that the notice of claim and General Municipal Law § 50-h hearing provided the City with notice of the occurrence, theory of recovery and claimed injuries well before expiration of the statute of limitations (cf. Slate v Schiavone Constr. Co., 4 NY3d 816 [2005]). Concur—Tom, J.P., Friedman, Gonzalez, Sweeny and McGuire, JJ.