Legal Opinion

McKenney v. Beth Abraham Family of Health Services

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 2012Published

1Opinion of the Court

The motion court providently exercised its discretion in extending plaintiffs’ time to serve process in the “interest of justice” (see CPLR 306-b). The court appropriately considered that the statute of limitations had expired, that MNH was on actual notice of the action within the 120-day period and that it *631would not be prejudiced by the extension (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 105-106 [2001]; Hernandez v Abdul-Salaam, 93 AD3d 522 [1st Dept 2012]). Moreover, the physician’s affidavit submitted by plaintiffs was sufficient, at the pre-discovery stage, to show a…

2Cases cited3 opinions

  1. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  2. Henneberry v. BorsteinAppellate Division of the Supreme Court of the State of New York · 2012
  3. Hernandez v. Abdul-SalaamAppellate Division of the Supreme Court of the State of New York · 2012

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