Union Plaza Nursing Home, Inc. v Michael Beatrice

Union Plaza Nursing Home, Inc. v Beatrice 2006 NY Slip Op 01157 [26 AD3d 370] February 14, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 19, 2006

Union Plaza Nursing Home, Inc., Respondent,
v
Michael Beatrice, Appellant.

—[*1]In an action, inter alia, to recover damages for fraud, the defendant appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated December 16, 2004, which denied his motion to dismiss the complaint for failure to timely serve the summons and complaint and granted the plaintiff's cross motion pursuant to CPLR 306-b for an extension of time to effect service upon him.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the defendant's motion to dismiss the complaint for failure to timely serve the summons and complaint and in granting the plaintiff's cross motion pursuant to CPLR 306-b for an extension of time to effect service upon the defendant (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 [2001]; Irwin v La Guardia Hosp., 23 AD3d 349 [2005]; Baione v Zambrano, 22 AD3d 698 [2005]; Castillo v Navarro, 13 AD3d 329, 330 [2004]). H. Miller, J.P., Adams, Luciano and Rivera, JJ., concur.