Opinion
2011-10-25
Sabrina BRUNO, Plaintiff–Respondent,v.3 WEST 35TH COMPANY, LLC, Defendant,M & S 276 Corp. doing business as Café Au Bon Gout, Inc., Defendant–Appellant.
Abrams, Gorelick, Friedman & Jacobson, P.C., New York (Bryan Goldstein of counsel), for appellant.Talkin, Muccigrosso & Roberts, LLP, New York (Mark Muccigrosso of counsel), for respondent.
Order, Supreme Court, New York County (Louis B. York, J.), entered January 24, 2011, which, inter alia, granted plaintiff's motion, pursuant to CPLR 306–b, for an extension of time to serve the summons and complaint on defendant M & S 276 Corp., unanimously affirmed, without costs.
The court acted within its discretion in granting plaintiff an extension of time to serve defendant, pursuant to CPLR 306–b, in the interest of justice ( see Leader v. Maroney, Ponzini & Spencer, 97 N.Y.2d 95, 104–106, 736 N.Y.S.2d 291, 761 N.E.2d 1018 [2001] ). Defendant received notice of the lawsuit and served an answer before the statute of limitations expired ( cf. Slate v. Schiavone Constr. Co., 4 N.Y.3d 816, 796 N.Y.S.2d 573, 829 N.E.2d 665 [2005] ). Contrary to defendant's contention, under these circumstances , plaintiff was not required to show either diligent efforts or exigent circumstances ( see Leader, 97 N.Y.2d at 105, 736 N.Y.S.2d 291, 761 N.E.2d 1018).
We have considered defendant's remaining arguments and find them without merit.
MAZZARELLI, J.P., FRIEDMAN, CATTERSON, RENWICK, RICHTER, JJ., concur.