Opinion
2015-03078 Index No. 703440/13.
12-16-2015
Steven MOORE, et al., respondents, v. Nicole DUNNE, et al., appellants, et al., defendants.
DeSena & Sweeney, LLP, Bohemia, N.Y. (Shawn P. O'Shaughnessy of counsel), for appellants. Harley Fastman, Lake Success, N.Y. (Meredith A. Yevin of counsel), for respondents.
DeSena & Sweeney, LLP, Bohemia, N.Y. (Shawn P. O'Shaughnessy of counsel), for appellants.
Harley Fastman, Lake Success, N.Y. (Meredith A. Yevin of counsel), for respondents.
Opinion
In an action to recover damages for personal injuries, the defendants Nicole Dunne and John Dunne appeal from an order of the Supreme Court, Queens County (Nahman, J.), entered January 8, 2015, which granted the plaintiffs' motion for leave to reargue the plaintiffs' cross motion pursuant to CPLR 306–b to extend the time to serve a summons and complaint upon those defendants, which had been denied in an order of the same court entered July 25, 2014, and, upon reargument, vacated the determination in the order dated July 25, 2014, denying the cross motion, and thereupon granted the cross motion.
ORDERED that the order entered January 8, 2015, is affirmed, with costs.
The Supreme Court properly granted that branch of the plaintiffs' motion which was for leave to reargue. Upon reargument, the Supreme Court providently exercised its discretion in granting the plaintiffs' cross motion pursuant to CPLR 306–b to extend their time to serve the defendants Nicole Dunne and John Dunne in the interest of justice (see Leader v. Maroney, Ponzini & Spencer, 97 N.Y.2d 95, 736 N.Y.S.2d 291, 761 N.E.2d 1018; Siragusa v. D'Esposito, 116 A.D.3d 837, 983 N.Y.S.2d 624; Bergling v. Schwartz, 97 A.D.3d 772, 948 N.Y.S.2d 563; Robles v. Mirzakhmedov, 34 A.D.3d 554, 824 N.Y.S.2d 406; see also Thompson v. City of New York, 89 A.D.3d 1011, 933 N.Y.S.2d 701).
BALKIN, J.P., AUSTIN, SGROI and LaSALLE, JJ., concur.