BRADLEY v. REXCOAT

709 CA 19-00892.

187 A.D.3d 1576 (2020)

133 N.Y.S.3d 151

2020 NY Slip Op 05374

Frederick P. Bradley, Respondent, v. Robert Rexcoat et al., Appellants.

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

Decided October 2, 2020.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendants appeal from an order that denied their motion seeking to vacate a prior order granting plaintiff's ex parte motion pursuant to CPLR 306-b to extend the time in which to serve them with a summons and notice. After weighing the relevant factors, including the "expiration of the [s]tatute of [l]imitations, the meritorious nature of the cause of action, the...

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