| Rivera v Rodriguez |
| 2016 NY Slip Op 05855 [142 AD3d 657] |
| August 24, 2016 |
| Appellate Division, Second Department |
[*1]
| Destiny Rivera et al., Respondents, v JenniferRodriguez, Appellant. |
Rivkin Radler LLP, Uniondale, NY (Cheryl F. Korman and Merril S. Biscone ofcounsel), for appellant.
Law Offices of Ardito & Ardito, LLP, Franklin Square, NY (Mitchell L.Kaufman of counsel), for respondents.
In an action to recover damages for personal injuries, the defendant appeals from anorder of the Supreme Court, Kings County (Saitta, J.), dated June 4, 2015, which grantedthat branch of the plaintiffs' cross motion which was pursuant to CPLR 306-b to extendthe time to serve the summons and complaint upon her.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting that branch of theplaintiffs' cross motion which was pursuant to CPLR 306-b to extend the time to servethe defendant with the summons and complaint in the interest of justice (see Leader vMaroney, Ponzini & Spencer, 97 NY2d 95, 105-106 [2001]). While the actionwas timely commenced, the statute of limitations had expired when the plaintiffscross-moved for relief, the plaintiffs re-served the defendant within a reasonable timeafter learning that the timely service of process was being challenged by the defendant asdefective, and the defendant had actual notice of the action within 120 days of itscommencement (see Castillo vJFK Medport, Inc., 116 AD3d 899, 900 [2014]; Selmani v City of New York,100 AD3d 861, 862 [2012]; Thompson v City of New York, 89 AD3d 1011, 1012[2011]; DiBuono v Abbey,LLC, 71 AD3d 720 [2010]). Furthermore, after re-serving the defendant, theplaintiffs cross-moved within a reasonable time for an extension of time to serve thedefendant, and there was no identifiable prejudice to the defendant attributable to thedelay in service (see Castillo v JFK Medport, Inc., 116 AD3d at 900;Thompson v City of New York, 89 AD3d at 1012; DiBuono v Abbey,LLC, 71 AD3d at 720). Rivera, J.P., Balkin, Hinds-Radix and Barros, JJ.,concur.