Although plaintiff failed to properly effect service of process, his cross motion for an order extending his time to serve the summons and complaint should have been granted in the interest of justice (CPLR 306-b). "The interest of justice standard requires a careful judicial analysis of the factual setting of the case and a balancing of the competing interests presented by the parties" (Leader v Maroney, Ponzini & Spencer,
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NICODENE v. BYBLOS RESTAURANT, INC.
7016, 103238/10.
98 A.D.3d 445 (2012)
949 N.Y.S.2d 684
2012 NY Slip Op 6001
GEORGE NICODENE, Appellant, v. BYBLOS RESTAURANT, INC., et al., Respondents, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided August 21, 2012.
Decided August 21, 2012.
Appellate Division of the Supreme Court of New York, First Department.
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