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JIMENEZ v. CITY OF NEW YORK

13 A.D.3d 107 (2004)

785 N.Y.S.2d 332

IRVIO JIMENEZ, Appellant, v. CITY OF NEW YORK et al., Defendants, and "JOHN" MASSAR et al., Respondents.

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

December 7, 2004.

Although extensions of time should be liberally granted on good cause shown or in the interest of justice (CPLR 306-b; see Leader v Maroney, Ponzini & Spencer, 97 N.Y.2d 95 [2001]), plaintiff made no showing of diligence, that the cause of action had merit, that there had been no undue delay in service, or that he had promptly requested the extension of time. Moreover, once the action was dismissed, plaintiff could no longer...

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