Legal Opinion

Leader v. Maroney, Ponzini & Spencer

New York Court of Appeals

Decided November 20, 2001PublishedCited by 415 opinions

1Opinion of the Court

OPINION OF THE COURT

Wesley, J.

In this trio of cases, we are asked to determine the standards by which a court may exercise its discretion to extend a plaintiffs time to effectuate service pursuant to CPLR 306-b.

As originally enacted in 1992, CPLR 306-b transformed New York from a commencement-by-service to a commencement-by-filing jurisdiction (see, CPLR former 306-b, added by L 1992, ch 216, § 7, repealed by L 1997, ch 476, § 1). This sweeping change conferred a considerable benefit upon plaintiffs by making the act of filing the point at which a claim is interposed for Statute of…

2Cases cited13 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Wayne E. Boley v. Dale KaymarkCourt of Appeals for the Third Circuit · 1997
  3. Gershel v. PorrNew York Court of Appeals · 1996
  4. Cohen v. LordNew York Court of Appeals · 1989
  5. Rosner v. Metropolitan Property & Liability InsuranceNew York Court of Appeals · 2001

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3Cited by415 opinions

  1. Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
  2. Newcomb v. Middle Country Central School DistrictNew York Court of Appeals · 2016
  3. Criscione v. City of New YorkNew York Court of Appeals · 2001
  4. State of New York Mtge. Agency v. BraunAppellate Division of the Supreme Court of the State of New York · 2020
  5. Slate v. Schiavone Construction CompanyNew York Court of Appeals · 2005

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