Extending the time for service of a summons and complaint.

Practice point: A motion pursuant to CPLR 306-b to extend the time may be granted upon good cause shown, or in the interest of justice.

Student note: The court may consider diligence, or lack thereof, along with any other relevant factor in making its determination, including expiration of the Statute of Limitations, the potentially meritorious nature of the cause of action, the length of delay in service, the promptness of a plaintiff's request for the extension of time, and prejudice to defendant.

Case: Moundrakis v. Dellis, NY Slip Op 05152 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Lack of personal jurisdiction, and forum non conveniens.