Legal Opinion · Dissent

Leader v. Maroney, Ponzini & Spencer

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

Decided December 26, 2000Published

1DissentSchmidt, J.

I believe that it is an improvident exercise of discretion to extend the plaintiffs time to serve the defendants with the summons and complaint, and would reverse the order appealed from.

While I concur with the majority’s historical analysis of the remedial purposes leading to the enactment of the current version of CPLR 306-b, I do not believe the majority has correctly interpreted the extent of the relief permitted by the statute and do not find the interest of justice is served by an extension of time under the circumstances of this case.

*201The intent of the Legislature, as ascertained from…

2Cases cited1 opinion

  1. Estate of Jervis v. Teachers Insurance & Annuity Ass'nNew York Supreme Court · 1999

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