SAI CONTRACTING CORPORATION v. 18 W. 16TH STREET CORP.

11359N.

182 A.D.3d 438 (2020)

119 N.Y.S.3d 853

2020 NY Slip Op 02189

SAI Contracting Corporation, Respondent, v. 18 W. 16th Street Corp., Appellant, et al., Defendants.

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

Decided April 2, 2020.


The motion court did not improvidently exercise its discretion in granting plaintiff's motion to extend the notice of pendency (see CPLR 6513). A large part of the delay in this case was attributable to circumstances outside the control of either party (see Tomei v Pizzitola, 142 A.D.2d 809, 810 [3d Dept 1988]). Although plaintiff is responsible for some of the delay, we find that good cause has been shown to extend the notice...

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