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BRUNO v. 3 WEST 35th COMPANY, LLC

Nos. 5853N, 113633/08.

88 A.D.3d 612 (2011)

931 N.Y.S.2d 501

2011 NY Slip Op 7521

SABRINA BRUNO, Respondent, v. 3 WEST 35th COMPANY, LLC, Defendant, and M&S 276 CORP., Doing Business as CAFÉ AU BON GOUT, INC., Appellant.

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

Decided October 25, 2011.

The court acted within its discretion in granting plaintiff an extension of time to serve defendant, pursuant to CPLR 306-b, in the interest of justice (see Leader v Maroney, Ponzini & Spencer, 97 N.Y.2d 95, 104-106 [2001]). Defendant received notice of the lawsuit and served an answer before the statute of limitations expired (cf. Slate v Schiavone Constr. Co., 4 N.Y.3d 816 [2005])...

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