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Ernesto Hernandez v. Askia Muhammad Abdul-Salaam

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 20, 2012

ERNESTO HERNANDEZ,
PLAINTIFF-RESPONDENT,
v.
ASKIA MUHAMMAD ABDUL-SALAAM, DEFENDANT, ZOILO SANCHEZ,
DEFENDANT-APPELLANT.

Hernandez v Abdul-Salaam

Decided on March 20, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Andrias, Renwick, Freedman, Manzanet-Daniels, JJ.

Order, Supreme Court, New York County (George J. Silver, J.), entered December 29, 2010, which denied defendant Zoilo Sanchez's motion to dismiss for lack of personal jurisdiction, and granted plaintiff's cross motion for leave to extend the time for serving the summons and complaint, unanimously affirmed, without costs.

Plaintiff demonstrated that the interest of justice would be served by extending the time for service of the summons and complaint upon these defendants (see CPLR 306-b; Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 [2001]). The statute of limitations had expired, and granting plaintiff the opportunity to pursue his action is consistent with our strong interest in deciding cases on the merits where possible (see Henneberry v Borstein, __ AD3d __ 2012 NY Slip Op 00235 [2012]). Moreover, plaintiff's efforts to serve defendants were reasonably diligent (see Stryker v Stelmak, 69 AD3d 454 [2010]). Finally, defendants have not demonstrated any prejudice (see Griffin v Our Lady of Mercy Med. Ctr., 276 AD2d 391 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 20, 2012

CLERK

20120320

© 1992-2012 VersusLaw Inc.



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