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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: January 12, 2017

Court Had Jurisdiction to Hear Motion for Time to Serve Despite Failure to Serve Within 120 Days

On January 10, 2017, the First Department issued a decision in Zegelstein v. Faust, 2017 NY Slip Op. 00132, holding that a trial court had jurisdiction to hear a motion for more time to serve and to amend, explaining:

The court erroneously concluded that it lacked jurisdiction to entertain plaintiffs’ cross motion for leave to extend the time for service and to amend the complaint as a result of plaintiffs’ failure to serve the summons with notice within 120 days of commencement, in violation of CPLR 306-b. The court was required to exercise its discretion to decide whether an extension of time for service was warranted upon good cause shown or in the interest of justice.

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