Legal Opinion

McKenzie v. Metellus

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

Decided February 14, 2012Published

1Opinion of the Court

Contrary to the plaintiffs’ contentions, the Supreme Court did not improvidently exercise its discretion in denying their cross motion to extend their time to serve the summons and complaint pursuant to CPLR 306-b. The plaintiffs did not demonstrate circumstances that would support the grant of such relief in the interests of justice or for good cause shown (see Otero v Flushing Hosp., 300 AD2d 639, 640 [2002]; Rihal v Kirchhoff, 291 AD2d 548 [2002]). Angiolillo, J.P., Florio, Leventhal and Lott, JJ., concur.

2Cases cited2 opinions

  1. Rihal v. KirchhoffAppellate Division of the Supreme Court of the State of New York · 2002
  2. Otero v. Flushing HospitalAppellate Division of the Supreme Court of the State of New York · 2002