In the interest of justice, plaintiff's motion for an extension of time is granted, pursuant to CPLR 306-b. The interest of justice standard requires a careful judicial analysis of the factual setting of the case and a balancing of the competing interests as presented by the parties. In applying the standard, the court may consider diligence, or lack thereof, along with any other relevant factor, including expiration of the statute of limitations, the 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. No one factor is determinative. Here, the record demonstrates that the statute of limitations had not expired at the time of plaintiff's motion; plaintiff alleges potentially meritorious claims; there was a short delay in service; plaintiff promptly requested an extension; and defendant has not demonstrated that he would be prejudiced if the extension were granted.
Gjurashaj v. ABM Indus. Groups, LLC, NY Slip Op 00753 (1st Dep't February 9, 2023)
