Hafkin v. North Shore University Hospital

(dissenting.) I believe that the record is not sufficiently developed to enable this Court to properly determine whether the plaintiffs should be afforded an extension of time to serve the defendants in Action No. 1. Accordingly, I would remit this matter to the Supreme Court, Nassau County, to consider further submissions, and exercise its discretion as to whether an extension would be warranted in the interest of justice.

In this action, which was commenced less than one month after the amended CPLR 306-b went into effect, it appears that the plaintiffs’ attorney was unaware that the “deemed…