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GEM FLOORING, INC. v. KINGS PARK INDUSTRIES, INC.

27 A.D.3d 617 (2006)

810 N.Y.S.2d 675

GEM FLOORING, INC., Appellant, v. KINGS PARK INDUSTRIES, INC., et al., Respondents.

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

March 21, 2006.

Ordered that the order is affirmed, with costs.

Under the facts of this case, the Supreme Court providently exercised its discretion in denying the plaintiff's motion to extend the time within which to serve the summons and complaint pursuant to CPLR 306-b. Notwithstanding the expiration of the statute of limitations (see CPLR 214 [4]), the plaintiff did not demonstrate facts and circumstances that would support the grant of such relief in the interest of justice...

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