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LIPPETT v. EDUCATION ALLIANCE

14 A.D.3d 430 (2005)

789 N.Y.S.2d 11

DONNA LIPPETT, Appellant, v. THE EDUCATION ALLIANCE, Respondent, et al., Defendants.

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

January 25, 2005.

The motion court should have granted plaintiff's cross motion for an extension of time to effect service pursuant to CPLR 306-b, and for leave to serve a supplemental summons and amended complaint. CPLR 306-b authorizes an extension of time for service "upon good cause show or in the interest of justice." "Unlike an extension request premised on good cause, a plaintiff [who is invoking the interest of justice standard] need not establish reasonably diligent efforts at service...

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