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PENNINGTON v. DA NICO RESTAURANT

13837 105103/11

123 A.D.3d 627 (2014)

2014 NY Slip Op 09034

1 N.Y.S.3d 26

BARBARA PENNINGTON, Appellant, v. DA NICO RESTAURANT, Respondent, et al., Defendants.

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

Decided December 30, 2014.

Plaintiff's cross motion for an extension of time to serve Da Nico with the summons and complaint, pursuant to CPLR 306-b, should be granted in the interest of justice (see Leader v Maroney, Ponzini & Spencer, 97 N.Y.2d 95, 105-106 [2001]). The absence of due diligence on plaintiff's part is mitigated by the facts that Da Nico had timely notice of the claim; Da Nico had been timely, albeit defectively, served; plaintiff had communicated...

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