Thursday, May 19, 2016

Plaintiff's motion for an extension of time to serve.

Practice point:  The Appellate Division found that the motion court properly exercised its discretion, and affirmed the granting of the motion. Although plaintiff delayed in moving for an extension, other relevant factors weighed in favor of granting the motion, including plaintiff's diligence, the expiration of the statute of limitations on plaintiff's intentional tort claims, and the absence of any prejudice to defendant, given his actual notice of the summons and complaint.

Student note:  Where the extension is sought in the interest of justice and some factors weigh in favor of granting the motion and some do not, the Appellate Division will not disturb the motion court's exercise of discretion.

Case:  Petracca v. Hudson Tower Owners LLC, NY Slip Op 03835 (1st Dep't May 17, 2016)

Here is the decision.

Tomorrow's issue:  Statute of limitations on a hostile work environment claim.