ORTIZ v. MALIK


35 A.D.3d 560 (2006)

824 N.Y.S.2d 736

LUIS ORTIZ, Respondent, v. SHASHI MALIK et al., Appellants.

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

Decided December 12, 2006.


Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and that branch of the plaintiff's cross motion which was to extend the time for service of the summons and complaint is denied.

The plaintiff exhibited an overall lack of diligence in prosecuting the action, failed to make any showing of merit, and failed to explain the prolonged delay between commencement of the action in July 2003 and the defendants...

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