McKenney v. Beth Abraham Family of Health Services

99 A.D.3d 630, 952 N.Y.2d 878

Opinion

The motion court providently exercised its discretion in extending plaintiffs’ time to serve process in the “interest of justice” (see CPLR 306-b). The court appropriately considered that the statute of limitations had expired, that MNH was on actual notice of the action within the 120-day period and that it would not be prejudiced by the extension (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 105-106 [2001]; Hernandez v Abdul-Salaam, 93 AD3d 522 [1st Dept 2012]). Moreover, the physician’s affidavit submitted by plaintiffs was sufficient, at the pre-discovery stage, to show a meritorious cause of action (see e.g. Henneberry v Borstein, 91 AD3d 493, 496 [1st Dept 2012]). Concur — Mazzarelli, J.E, Sweeny, Renwick, Richter and Román, JJ.