Hernandez v Abdul-Salaam

Hernandez v Abdul-Salaam 2012 NY Slip Op 02035 Decided on March 20, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 20, 2012
Mazzarelli, J.P., Andrias, Renwick, Freedman, Manzanet-Daniels, JJ.
6316 102544/10

[*1]Ernesto Hernandez, Plaintiff-Respondent,

v

Askia Muhammad Abdul-Salaam, Defendant, Zoilo Sanchez, Defendant-Appellant.




Law Offices of Nancy L. Isserlis, Long Island City (Lawrence
R. Miles of counsel), for appellant.
Melinda Kirsch, New York, for respondent.

Order, Supreme Court, New York County (George J. Silver, J.), entered December 29, 2010, which denied defendant Zoilo Sanchez's motion to dismiss for lack of personal jurisdiction, and granted plaintiff's cross motion for leave to extend the time for serving the summons and complaint, unanimously affirmed, without costs.

Plaintiff demonstrated that the interest of justice would be served by extending the time for service of the summons and complaint upon these defendants (see CPLR 306-b; Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 [2001]). The statute of limitations had expired, and granting plaintiff the opportunity to pursue his action is consistent with our strong interest in deciding cases on the merits where possible (see Henneberry v Borstein, __ AD3d __ 2012 NY Slip Op 00235 [2012]). Moreover, plaintiff's efforts to serve defendants were reasonably diligent (see Stryker v Stelmak, 69 AD3d 454 [2010]). Finally, defendants have not demonstrated any prejudice (see Griffin v Our Lady of Mercy Med. Ctr., 276 AD2d 391 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 20, 2012

CLERK