| Abu-Aqlein v El-Jamal |
| 2007 NY Slip Op 08023 [44 AD3d 884] |
| October 23, 2007 |
| Appellate Division, Second Department |
| Samah Abu-Aqlein, Respondent, v Sammy El-Jamal,Appellant. |
—[*1] Lenihan & Associates, LLC, White Plains, N.Y. (James M. Lenihan of counsel), forrespondent.
In an action to recover damages for defamation, intentional infliction of emotional distress,and battery, the defendant appeals from an order of the Supreme Court, Westchester County(Donovan, J.), entered December 15, 2006, which denied his motion pursuant to CPLR 306-b todismiss the complaint and granted the plaintiff's cross motion pursuant to CPLR 306-b to extendher time to serve the summons with notice and to file her complaint nunc pro tunc.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the defendant's motion todismiss the complaint and in granting the plaintiff's cross motion pursuant to CPLR 306-b toextend the time to serve the summons with notice and to file her complaint nunc pro tunc in theinterest of justice (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 105-106[2001]; Rosenzweig v 600 N. St.,LLC, 35 AD3d 705, 706 [2006]). The plaintiff's time to effect service of process wasproperly extended since the verified complaint demonstrated the merits of the action, thesummons with notice was served only 17 days after the 120-day time period ended, there was nodemonstrable prejudice to the defendant and, with respect to the cause of action alleging battery,the statute of limitations had expired between the time that the summons with notice was filedand the time that [*2]it was served (see Leader v Maroney,Ponzini & Spencer, 97 NY2d 95, 105-106 [2001]; Beauge v New York City Tr.Auth., 282 AD2d 416 [2001]; Busler v Corbett, 259 AD2d 13 [1999]). Rivera, J.P.,Krausman, Florio, Carni and Balkin, JJ., concur.