Where the notice of service on the Secretary of State, and a copy of the summons and complaint mailed to the defendant's out-of-state address, were returned as undeliverable, service was never effectuated. However, where, as here, service is not timely made, the court may, for good cause or in the interest of justice, extend the time, pursuant to CPLR 306-b. In applying the interest of justice standard, the court may consider factors such as the plaintiff's diligence, or lack thereof; expiration of the Statute of Limitations; the meritorious nature of the claim; the length of the delay in service; the promptness of the plaintiff's request for the extension of time; and prejudice to the defendant. No one factor is determinative.
Nunez-Ariza v. Nell, NY Slip Op 03735 (1st Dep't May 24, 2018)
Here is the decision.
