Opinion
11359N Index 154430/16
04-02-2020
SAI CONTRACTING CORPORATION, Plaintiff–Respondent, v. 18 W. 16TH STREET CORP., Defendant–Appellant, Emigrant Funding Corporation, et al., Defendants.
Baker Greenspan & Bernstein, Bellmore (Cheryl Kravatz of counsel), for appellant. Law Offices of Matthew T. Worner, White Plains (Matthew T. Worner of counsel), for respondent.
Baker Greenspan & Bernstein, Bellmore (Cheryl Kravatz of counsel), for appellant.
Law Offices of Matthew T. Worner, White Plains (Matthew T. Worner of counsel), for respondent.
Renwick, J.P., Richter, Mazzarelli, Singh, JJ.
Order, Supreme Court, New York County (David B. Cohen, J.), entered June 13, 2019, which granted plaintiff's motion to extend the notice of pendency, unanimously affirmed, without costs.
The motion court did not improvidently exercise its discretion in granting plaintiff's motion to extend the notice of pendency (see CPLR 6513 ). A large part of the delay in this case was attributable to circumstances outside the control of either party (see Tomei v. Pizzitola , 142 A.D.2d 809, 810, 530 N.Y.S.2d 691 [3d Dept. 1988] ). Although plaintiff is responsible for some of the delay, we find that good cause has been shown to extend the notice of pendency for an additional three years ( Matter of Sakow , 97 N.Y.2d 436, 442, 741 N.Y.S.2d 175, 767 N.E.2d 666 [2002] ; CPLR 6513 ).