Slate v Schiavone Constr. Co.

2005 NY Slip Op 02412

Decided on March 29, 2005

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 29, 2005
No. 104 SSM 1






Submitted by Richard E. Lerner, for appellant.
Submitted by Thomas G. Cascione, for respondent.


MEMORANDUM:

The order of the Appellate Division should be reversed, with costs, defendant's motion to dismiss the complaint granted and the certified question answered in the negative. In view of the extreme lack of diligence shown by plaintiff, and the long delay (more than a year and a half after running of the statute of limitations) before defendant received any notice of the action, the courts below abused their discretion in granting plaintiff an extension to serve [*2]defendant "in the interest of justice" pursuant to CPLR 306-b (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 105-106 [2001]).
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On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, defendant's motion to dismiss the complaint granted and certified question answered in the negative, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Decided March 29, 2005