Practice point: The Appellate Division affirmed the granting of that branch of plaintiffs' cross motion, pursuant to CPLR 306-b and in the interest of justice, to extend the time to serve defendant. While the action was timely commenced, the statute of limitations had run when plaintiffs cross-moved for relief. Plaintiffs re-served defendant within a reasonable time after learning that defendant was challenging service as defective, and defendant had actual notice of the action within 120 days of its commencement.
Case: Rivera v. Rodriguez, NY Slip Op 05855 (2d Dep't August 24, 2016)
Here is the decision.
Tomorrow's issue: Legal malpractice.
