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BUSLER v. CORBETT

259 A.D.2d 13 (1999)

696 N.Y.S.2d 615

SUSANNE L. BUSLER, Appellant, v. PETER F. CORBETT et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1999.

Attorney(s) appearing for the Case

Swartz, Evans, Dickenson & Timmermann, Watertown (Eric T. Swartz of counsel), for appellant.

Conboy, McKay, Bachman & Kendall, Watertown (John V. Hartzell of counsel), for respondents.

DENMAN, P. J., GREEN, HAYES and PIGOTT, JR., JJ., concur.

OPINION OF THE COURT

SCUDDER, J.

The issue presented on this appeal is whether pursuant to CPLR 306-b Supreme Court abused its discretion by denying plaintiff's motion to extend the time to serve defendants nunc pro tunc in the interest of justice. For the reasons that follow, we conclude that the court should have granted plaintiff's motion.

On April 7, 1995, while driving his sister's truck, defendant Peter F. Corbett struck plaintiff's vehicle...

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