Gilkes v. New York Wholesale Paper Corp.

Appellate Division of the Supreme Court of New York

Gilkes v. New York Wholesale Paper Corp.

89 A.D.3d 534, 933 N.Y.2d 226

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 2011·Published·Cited by 1 cases

Opinion

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 [535]*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.

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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 [535]*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.

Gilkes v. New York Wholesale Paper Corp., 89 A.D.3d 534, 933 N.Y.2d 226 (N.Y. Ct. App. 2011).

Pincite

89 A.D.3d 534 (Gilkes v. New York Wholesale Paper Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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