Supreme Court providently exercised its discretion in granting plaintiff leave to amend and in extending plaintiff's time to serve the amended complaint in the interest of justice, pursuant to CPLR 306-b, 3025[b]). Plaintiff failed to serve Charter within the 120-day period provided in CPLR 306-b, but plaintiff demonstrated that Charter had actual notice of plaintiff's claim shortly after plaintiff filed the original pleadings, that she has a potentially meritorious claim, that the statute of limitations expired, and that she ultimately effectuated service on Charter. Charter failed to show that it was prejudiced by the extension as there is no evidence that the delay in service impaired Charter's ability to investigate the claim or defend it on the merits, and the mere passage of time is insufficient to create prejudice.
Blount v. Verizon, NY Slip Op 02918 (1st Dep't May 12, 2026)
