A & J CONCRETE CORP. v. ARKER


54 N.Y.2d 870 (1981)

A & J Concrete Corp. et al., Respondents, v. Allen Arker et al., Appellants.

Court of Appeals of the State of New York.

Decided October 15, 1981.


Attorney(s) appearing for the Case

Marvin R. Javitz for appellants.

Robert G. Lucas for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in memorandum; Judge FUCHSBERG concurs in a concurring opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the negative.

We cannot say, as a matter of law, that Supreme Court abused its discretion by granting plaintiffs' motion, made pursuant to CPLR 2004, for an extension of time within which to serve their complaint. It is within the court's power to grant such an extension where it is established, as...

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