Monday, September 12, 2016

A 306-b motion to extend the time to serve.

Practice point:  The Appellate Division affirmed the granting of that branch of plaintiffs' cross motion, pursuant to CPLR 306-b and in the interest of justice, to extend the time to serve defendant. While the action was timely commenced, the statute of limitations had run when plaintiffs cross-moved for relief.  Plaintiffs re-served defendant within a reasonable time after learning that defendant was challenging service as defective, and defendant had actual notice of the action within 120 days of its commencement.

Case:  Rivera v. Rodriguez, NY Slip Op 05855 (2d Dep't August 24, 2016)

Here is the decision.

Tomorrow's issue:  Legal malpractice.