Gem Flooring, Inc. v. Kings Park Industries, Inc.

In an action to recover for damage to property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated September 14, 2004, which denied its motion to extend its time within which to serve the summons and complaint pursuant to CPLR 306-b.

Ordered that the order is affirmed, with costs.

Under the facts of this case, the Supreme Court providently exercised its discretion in denying the plaintiff’s motion to extend the time within which to serve the summons and complaint pursuant to CPLR 306-b. Notwithstanding the expiration of the statute of limitations…