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McKenney v. Beth Abraham Family of Health Services

99 A.D.3d 630 Court N.Y. App. Div. Decision date 2012-10-25 English

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p. 630
Courtney McKenney et al., Respondents, v Beth Abraham Family of Health Services et al., Respondents, and Morningside Nursing Home, Appellant, et al., Defendant.
[952 NYS2d 878]

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

p. 631
would not be prejudiced by the extension (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 , 105-106 [2001]; Hernandez v Abdul-Salaam, 93 AD3d 522 [1st Dept 2012]). Moreover, the physician’s affidavit submitted by plaintiffs was sufficient, at the pre-discovery stage, to show a meritorious cause of action (see e.g. Henneberry v Borstein, 91 AD3d 493 , 496 [1st Dept 2012]). Concur — Mazzarelli, J.E, Sweeny, Renwick, Richter and Román, JJ.

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