GILKES v. NEW YORK WHOLESALE PAPER CORP.

6022, 6023, 104730/09.

89 A.D.3d 534 (2011)

933 N.Y.S.2d 226

2011 NY Slip Op 8205

IVOR W. GILKES, JR., Respondent, v. NEW YORK WHOLESALE PAPER CORP., Appellant.

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

Decided November 15, 2011.


The IAS court providently exercised its discretion, in the interest of justice, by granting plaintiff's motion for an extension of time to serve the summons and complaint. The court properly considered pertinent factors such as plaintiff's showing of merit, the expiration of the statute of limitations, the prompt receipt of plaintiff's notice of claim by defendant's insurer, and the failure of defendant's employee to provide contact information for himself or defendant at...

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