Matthews v. St. Vincent's Hospital & Medical Center

—Order, Supreme Court, New York County (Stanley Sklar, J.), entered July 10, 2002, which, to the extent appealed from, granted plaintiff leave to re-attempt service upon defendant Drs. Zelazny and Saadeh, unanimously affirmed, without costs.

The motion court properly exercised its discretion, pursuant to CPLR 306-b, in granting plaintiff an extension of time in which to serve defendants. Even if a plaintiff is not diligent in initially attempting to serve a defendant within the time frame set forth in CPLR 306-b, an extension for the purpose of effecting proper service may still be permitted…