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LEADER v. MARONEY, PONZINI

97 N.Y.2d 95 (2001)

761 N.E.2d 1018

736 N.Y.S.2d 291

SUSAN LEADER, Respondent, v. MARONEY, PONZINI & SPENCER, Also Known as PONZINI, SPENCER & GEIS, et al., Appellants. KATHRYN SCARABAGGIO, Respondent, v. OLYMPIA & YORK ESTATES COMPANY, Appellant, et al., Defendant. RHODA HAFKIN et al., Appellants, v. NORTH SHORE UNIVERSITY HOSPITAL, Respondent. (And Another Action.)

Court of Appeals of the State of New York.

Decided November 20, 2001.

Attorney(s) appearing for the Case

Steinberg & Cavaliere, L. L. P., White Plains (Kevin F. Cavaliere of counsel), for appellants in the first above-entitled action.

Foley, Hickey, Gilbert & O'Reilly, New York City (Terrence P. O'Reilly of counsel), for respondent in the first above-entitled action.

Carol R. Finocchio, New York City, Caufield Law Office and Marie R. Hodukavich for appellant in the second above-entitled action.

Angiuli, Poznansky, Katkin & Gentile, L. L. P., Staten Island (Joelle L. Jensen of counsel), for respondent in the second above-entitled action.

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac of counsel), and Peters Berger Koshel & Goldberg (Richard Goldberg of counsel), for appellants in the third above-entitled action.

Costello, Shea & Gaffney, L. L. P., New York City (Steven E. Garry, Frederick N. Gaffney, Paul E. Blutman and Richard P. Stone of counsel), for respondent in the third above-entitled action.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

In this trio of cases, we are asked to determine the standards by which a court may exercise its discretion to extend a plaintiff's time to effectuate service pursuant to CPLR 306-b.

As originally enacted in 1992, CPLR 306-b transformed New York from a commencement-by-service to a commencement-by-filing jurisdiction (see, CPLR former 306-b, added by L 1992, ch...

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