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Hernandez v. Abdul-Salaam

Supreme Court, Appellate Division, First Department, New York.
Mar 20, 2012
93 A.D.3d 522 (N.Y. App. Div. 2012)

Opinion

2012-03-20

Ernesto HERNANDEZ, Plaintiff–Respondent, v. Askia Muhammad ABDUL–SALAAM, Defendant,Zoilo Sanchez, Defendant–Appellant.

Law Offices of Nancy L. Isserlis, Long Island City (Lawrence R. Miles of counsel), for appellant. Melinda Kirsch, New York, for respondent.


Law Offices of Nancy L. Isserlis, Long Island City (Lawrence R. Miles of counsel), for appellant. Melinda Kirsch, New York, for respondent.

Order, Supreme Court, New York County (George J. Silver, J.), entered December 29, 2010, which denied defendant Zoilo Sanchez's motion to dismiss for lack of personal jurisdiction, and granted plaintiff's cross motion for leave to extend the time for serving the summons and complaint, unanimously affirmed, without costs.

Plaintiff demonstrated that the interest of justice would be served by extending the time for service of the summons and complaint upon these defendants ( see CPLR 306–b; Leader v. Maroney, Ponzini & Spencer, 97 N.Y.2d 95, 736 N.Y.S.2d 291, 761 N.E.2d 1018 [2001] ). The statute of limitations had expired, and granting plaintiff the opportunity to pursue his action is consistent with our strong interest in deciding cases on the merits where possible ( see Henneberry v. Borstein, 91 A.D.3d 493, 937 N.Y.S.2d 177 [2012] ). Moreover, plaintiff's efforts to serve defendants were reasonably diligent (see Stryker v. Stelmak, 69 A.D.3d 454, 892 N.Y.S.2d 102 [2010] ). Finally, defendants have not demonstrated any prejudice (see Griffin v. Our Lady of Mercy Med. Ctr., 276 A.D.2d 391, 715 N.Y.S.2d 633 [2000] ).

MAZZARELLI, J.P., ANDRIAS, RENWICK, FREEDMAN, MANZANET–DANIELS, JJ., concur.


Summaries of

Hernandez v. Abdul-Salaam

Supreme Court, Appellate Division, First Department, New York.
Mar 20, 2012
93 A.D.3d 522 (N.Y. App. Div. 2012)
Case details for

Hernandez v. Abdul-Salaam

Case Details

Full title:Ernesto HERNANDEZ, Plaintiff–Respondent, v. Askia Muhammad ABDUL–SALAAM…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 20, 2012

Citations

93 A.D.3d 522 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 2035
939 N.Y.S.2d 861

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