Esposito v. Isaac

Plaintiff failed to satisfy the criteria for an extension of time to serve either upon good cause shown or in the interest of justice (see CPLR 306-b; Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 103-104 [2001]). As to good cause, plaintiff failed to demonstrate diligence in effecting service (see Leader at 105). The referee found that the process server “at best, was sloppy, and at worst, was untruthful.” And, having provided an incorrect address for defendant, plaintiff appears to have made insufficient efforts to locate the correct address.

*484As to the interest of justice standard, while…