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ROSENZWEIG v. 600 NORTH STREET, LLC

35 A.D.3d 705 (2006)

826 N.Y.S.2d 680

CHARLES ROSENZWEIG et al., Respondents, v. 600 NORTH STREET, LLC, et al., Appellants.

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

Decided December 19, 2006.

Ordered that the order is affirmed, with costs.

In determining whether to grant an extension of time to serve a summons and complaint pursuant to CPLR 306-b, due diligence is only one factor to consider along with expiration of the statute of limitations, the meritorious nature of the cause of action, the length of delay in service, the promptness of the plaintiffs' request for the extension of time, and prejudice to the defendants (see Leader v Maroney, Ponzini...

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