Petracca v. Hudson Tower Owners LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered November 20, 2014, which granted plaintiff’s motion for an order extending his time to effectuate service on defendant Niall Lawlor, unanimously affirmed, without costs.
The motion court providently exercised its discretion in granting plaintiff’s motion for an extension. Although plaintiff delayed in moving for an extension, other relevant factors weighed in favor of granting plaintiff’s motion, including plaintiff’s diligence, the expiration of the statute of limitations on plaintiff’s intentional tort claims, and the…
2Cases cited2 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Sutter v. ReyesAppellate Division of the Supreme Court of the State of New York · 2009
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