Blay v. Frost

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Pfau, J.), dated April 18, 2014, as denied that branch of his motion which was pursuant to CPLR 2004, in effect, to extend the time in which to conduct his deposition.

Ordered that the order is affirmed insofar as appealed from, with costs.

In exercising its discretion to grant an extension of time pursuant to CPLR 2004, a court may consider such factors as the length of the delay, the reason or excuse for the delay,…