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OWENS v. CHHABRA

2009-03001

72 A.D.3d 664 (2010)

897 N.Y.S.2d 912

LEROY OWENS, Respondent, v. DEVENDER N. CHHABRA, Defendant, and ROBERT E. MINES III, Appellant.

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

Decided April 6, 2010.

Ordered that the order is affirmed insofar as appealed from, 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 plaintiff's request for the extension of time...

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