1 No. 104 SSM 1
John Slate,
Respondent, v. Schiavone Construction Company,
Appellant.
2005 NY Int. 52
March 29, 2005
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Richard E. Lerner, for appellant. Submitted by Thomas G. Cascione, for respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed,
with costs, defendant's motion to dismiss the complaint granted
and the certified question answered in the negative. In view of
the extreme lack of diligence shown by plaintiff, and the long
delay (more than a year and a half after running of the statute
of limitations) before defendant received any notice of the
action, the courts below abused their discretion in granting
plaintiff an extension to serve defendant "in the interest of
justice" pursuant to CPLR 306 -b ( see Leader v Maroney, Ponzini &
Spencer, , 97 NY2d 95, 105-106 [2001]).