Appellate Division of the Supreme Court of New York, 2012

McKenzie v. Metellus

McKenzie v. Metellus
Appellate Division of the Supreme Court of New York · Decided February 14, 2012
92 A.D.3d 735; 938 N.Y.2d 466
McKenzie v. Metellus

Opinion of the Court

Contrary to the plaintiffs’ contentions, the Supreme Court did not improvidently exercise its discretion in denying their cross motion to extend their time to serve the summons and complaint pursuant to CPLR 306-b. The plaintiffs did not demonstrate circumstances that would support the grant of such relief in the interests of justice or for good cause shown (see Otero v Flushing Hosp., 300 AD2d 639, 640 [2002]; Rihal v Kirchhoff, 291 AD2d 548 [2002]). Angiolillo, J.P., Florio, Leventhal and Lott, JJ., concur.

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