Cooke-Garrett v. Hoque

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Brathwaite Nelson, J.), dated August 13, 2012, which denied, as untimely, her motion pursuant to CPLR 306-b for leave to enlarge the time to serve copies of the summons and complaint upon the defendant.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a determination of the motion on the merits.

On March 30, 2012, the Supreme Court issued an order granting the defendant’s…