Tarzy v. Epstein
Cases that cite this one
5 later published cases cite this decision.
- Colon v. Bailey (Appellate Division of the Supreme Court of New York 2006)
- Robles v. Mirzakhmedov (Appellate Division of the Supreme Court of New York 2006)
- Pennington v. Clark (Appellate Division of the Supreme Court of New York 2005)
- Eggleston v. A.C. & S., Inc. (Appellate Division of the Supreme Court of New York 2005)
- Nikolic v. Federation Employment & Guidance Service, Inc. (Appellate Division of the Supreme Court of New York 2005)
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 personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Kramer J.), dated May 12, 2003, as granted the defendant’s motion pursuant to CPLR 3211 (e) to dismiss the complaint for lack of personal jurisdiction.
Ordered that the order is affirmed insofar as appealed from, with costs.
As the plaintiff conceded that he failed to effect service upon the defendant before the statute of limitations expired, the Supreme Court properly granted the defendant’s motion pursuant to CPLR 3211 (e) to dismiss the complaint for lack of personal jurisdiction. Moreover, the plaintiff did not demonstrate good cause for the failure to timely serve the defendant (see CPLR 306-b). Furthermore, under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the plaintiffs request for an extension of time to effect service in the “interest of justice” under CPLR 306-b (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 [2001]; Winter v Irizarry, 300 AD2d 472 [2002]; Rihal v Kirchhoff, 291 AD2d 548 [2002]). Santucci, J.P., S. Miller, Schmidt and Fisher, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.