ESTEY-DORSA v. CHAVEZ


27 A.D.3d 277 (2006)

813 N.Y.S.2d 54

JOSEPHINE ESTEY-DORSA, Respondent, v. TEODORO CHAVEZ, Appellant, et al., Defendants.

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

March 14, 2006.


The court providently exercised its discretion, in the interest of justice, in granting plaintiff a second extension of time to serve the summons and complaint (see CPLR 306-b). Relevant factors properly considered by the court were, inter alia, the expiration of the statute of limitations, defendant's failure to report his correct address at the time of the accident, defendant's failure to demonstrate prejudice, and timely notice of the claim to defendant's insurance...

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