Appellate Division of the Supreme Court of New York, 2011

Gilkes v. New York Wholesale Paper Corp.

Gilkes v. New York Wholesale Paper Corp.
Appellate Division of the Supreme Court of New York · Decided November 15, 2011
89 A.D.3d 534; 933 N.Y.2d 226
Gilkes v. New York Wholesale Paper Corp.

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

The IAS court providently exercised its discretion, in the interest of justice, by granting plaintiffs motion for an extension of time to serve the summons and complaint. The court properly considered pertinent factors such as plaintiffs showing of merit, the expiration of the statute of limitations, the prompt receipt of plaintiffs notice of claim by defendant’s insurer, and the failure of defendant’s employee to provide contact information for himself or defendant at the time of the accident (see *535Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 105-106 [2001]; Sutter v Reyes, 60 AD3d 448 [2009]; Estey-Dorsa v Chavez, 27 AD3d 277, 278 [2006]). Concur — Mazzarelli, J.P., Catterson, Moskowitz, Renwick and Abdus-Salaam, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.