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McKENNEY v. BETH ABRAHAM FAMILY OF HEALTH SERVS.

8384, 303315/09.

99 A.D.3d 630 (2012)

952 N.Y.S.2d 878

2012 NY Slip Op 7203

COURTNEY McKENNEY et al., Respondents, v. BETH ABRAHAM FAMILY OF HEALTH SERVICES et al., Respondents, and MORNINGSIDE NURSING HOME, Appellant, et al., Defendant.

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

October 25, 2012.

The motion court providently exercised its discretion in extending plaintiffs' time to serve process in the "interest of justice" (see CPLR 306-b). The court appropriately considered that the statute of limitations had expired, that MNH was on actual notice of the action within the 120-day period and that it would not be prejudiced by the extension (see Leader v Maroney, Ponzini & Spencer, 97 N...

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