Winter v. Irizarry
Cases that cite this one
7 later published cases cite this decision.
- Navarrete v. Metro PCS (Appellate Division of the Supreme Court of New York 2016)
- Rinaldi v. Rochford (Appellate Division of the Supreme Court of New York 2010)
- Colon v. Bailey (Appellate Division of the Supreme Court of New York 2006)
- Alexander v. Alexander (Appellate Division of the Supreme Court of New York 2006)
- Eggleston v. A.C. & S., Inc. (Appellate Division of the Supreme Court of New York 2005)
- Tarzy v. Epstein (Appellate Division of the Supreme Court of New York 2004)
- Stuart v. Gimpel (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Colabella, J.),
Ordered that the judgment is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff’s motion for an extension of time to serve the defendant, pursuant to CPLR 306-b, and granting the defendant’s cross motion to dismiss the complaint. The record reveals that the plaintiff failed to diligently attempt to effect service or promptly seek an extension of time to effect service, and did not even attempt to show the existence of a meritorious cause of action (see Rihal v Kirchhoff, 291 AD2d 548). As such, an extension of time to serve the defendant was not warranted, either for good cause shown, or in the interest of justice (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95).
The plaintiff’s remaining contention is without merit. Ritter, J.P., Friedmann, Luciano and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.