Opinion
15450 Index No. 656677/20 Case No. 2021–03375
03-08-2022
NOBLE DESKTOP NYC, LLC, Plaintiff–Respondent, v. AMERICAN GRAPHICS INSTITUTE, LLC, Defendant–Appellant, Christopher Smith, et al., Defendants.
Law Office of Ray Beckerman, P.C., Forest Hills (Ray Beckerman of counsel), and Godbout Law, PLLC, Boston, MA (John A. Mangones of the bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), for appellant. Ray & Counsel, P.C., New York (John H. Ray, III of counsel), for respondent.
Law Office of Ray Beckerman, P.C., Forest Hills (Ray Beckerman of counsel), and Godbout Law, PLLC, Boston, MA (John A. Mangones of the bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), for appellant.
Ray & Counsel, P.C., New York (John H. Ray, III of counsel), for respondent.
Kapnick, J.P., Gesmer, Oing, Singh, Scarpulla, JJ.
Order, Supreme Court, New York County (Debra A. James, J.), entered on or about August 20, 2021, which denied defendant American Graphics Institute, LLC's motion to dismiss the complaint as against it for lack of personal jurisdiction, granted plaintiff's cross motion for an extension of time to serve its summons and complaint pursuant to CPLR 306–b, and deemed the complaint timely served upon defendant nunc pro tunc, unanimously modified, on the law, to delete the portion of the order deeming the complaint timely served upon defendant nunc pro tunc, and otherwise affirmed, without costs. The court properly denied defendant's motion to dismiss the complaint and properly granted plaintiff's cross motion for an extension of time to serve the complaint (see Campbell v. Starre Realty Co., 283 A.D.2d 161, 724 N.Y.S.2d 584 [1st Dept. 2001] ). Plaintiff established good cause for late service by demonstrating that it exercised reasonably diligent efforts to timely effect proper service ( id. ). Moreover, no statute of limitations is implicated, and defendant, clearly on notice of this suit, failed to show that it has been prejudiced by any delay in service, which would warrant an extension of time in the interest of justice as well (see CPLR 306–b ; see e.g. Henneberry v. Borstein, 91 A.D.3d 493, 496, 937 N.Y.S.2d 177 [1st Dept. 2012] ).