Legal Opinion

Leader v. Maroney, Ponzini & Spencer

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

Decided December 26, 2000PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Krausman, J.

Since 1992, CPLR 306-b has required that a summons and complaint or summons with notice be served upon a defendant within 120 days after the commencement of the action. In 1997, the Legislature amended CPLR 306-b to authorize a court to extend the 120-day service period for “good cause shown or in the interest of justice.” On this appeal, we are asked to consider the circumstances under which it is appropriate for a court to exercise its discretion to extend a plaintiffs time to effectuate service pursuant to the amended statute. For the reasons which follow,…

2Cases cited5 opinions

  1. Wayne E. Boley v. Dale KaymarkCourt of Appeals for the Third Circuit · 1997
  2. Gershel v. PorrNew York Court of Appeals · 1996
  3. Busler v. CorbettAppellate Division of the Supreme Court of the State of New York · 1999
  4. Salamon v. CharneyAppellate Division of the Supreme Court of the State of New York · 2000
  5. Ageyeva v. Always Beautiful, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by14 opinions

  1. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  2. Earle v. ValenteAppellate Division of the Supreme Court of the State of New York · 2003
  3. Beauge v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  4. Hafkin v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2000
  5. Scarabaggio v. Olympia & York Estates Co.Appellate Division of the Supreme Court of the State of New York · 2000

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