Hernandez v. Chaparro

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered March 4, 2011, which denied defendants-appellants’ motion to dismiss the complaint as untimely served and granted plaintiff’s cross motion for leave to serve a late verified complaint, unanimously affirmed, without costs.

The motion court providently exercised its discretion, pursuant to CPLR 3012, in denying the motion and granting the cross motion (see Lisojo v Phillip, 188 AD2d 369, [1992]). In light of the complexity of the guardianship and estate proceedings preceding service of the complaint, there appears to be a…