NYCTL 2009-A Trust v Johnson

[*1] NYCTL 2009-A Trust v Johnson 2012 NY Slip Op 52026(U) Decided on October 24, 2012 Supreme Court, Queens County Markey, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 24, 2012
Supreme Court, Queens County

NYCTL 2009-A Trust, et al.

against

Renee Johnson, et al.



2794/2011

Charles J. Markey, J.

The following papers numbered 1 to 4 read on this motion by plaintiffs pursuant to CPLR 306-b for an extension of time to serve defendant Renee Johnson (Johnson).

Papers Numbered

Notice of Motion - Affidavits - Exhibits .................................................................... 1 - 4

Pursuant to CPLR 306-b, the Court has discretion to extend the time for service of pleadings upon good cause shown or in the interests of justice. In determining whether to grant an extension of time in the interest of justice, the Court must weigh factors such as the plaintiff's diligence in serving the defendant, the expiration of the statute of limitations, the merits of the claim, the length of delay in service, the promptness of the plaintiff's motion, and prejudice to the defendant (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 [2001]; Chiaro v D'Angelo, 7 AD3d 746 [2004]). Such extensions of time should be liberally granted whenever the plaintiff has been reasonably diligent in attempting service, regardless of the expiration of the statute of limitations after filing and before service (see Murphy v Hoppenstein, 279 AD2d 410 [2001]).

In this case, plaintiffs, upon the foregoing papers, have presented sufficient evidence demonstrating that their efforts to serve Johnson were reasonably diligent. Thus, in the interest of justice, an extension of time to serve the summons and complaint on Johnson is warranted. The unopposed motion is, therefore, granted. Plaintiffs are directed to effectuate service on Johnson within thirty (30) days from the date of entry of this order.

The foregoing constitutes the decision, opinion, and order of the Court.

_______________________________

J.S.C.

Dated: October 24, 2012