PECKER IRON WORKS, INC. v. NAMASCO CORPORATION


37 A.D.3d 367 (2007)

830 N.Y.S.2d 548

PECKER IRON WORKS, INC., Appellant, v. NAMASCO CORPORATION et al., Defendants, and A LIVING MEMORIAL TO THE HOLOCAUST: MUSEUM OF JEWISH HERITAGE, Respondent.

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

Decided February 27, 2007.


On appeal, plaintiff argues that its request for a CPLR 306-b interest-of-justice extension of time to serve the summons and complaint on defendant should have been granted because the action is meritorious, the one-year limitations period provided in the subject contract had expired, and defendant was not prejudiced by plaintiff's nearly 15-month delay in attempting service. In the latter regard, plaintiff relies on correspondence from defendant and its claims experts showing...

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