August 18, 2023

Arguments raised for the first time in reply papers.

The Appellate Division affirmed the Supreme Court's denial of the plaintiff's motion, pursuant to CPLR 306-b, to extend the time to serve the summons and complaint upon the defendant. Contrary to the plaintiff's contention, an extension of time was not warranted in the interest of justice. The plaintiff did not  raise in its main brief its contention that an extension of time was warranted for good cause. As a result, the plaintiff abandoned any argument it may have had in that regard, despite its attempt to raise the issue in its reply brief. 

Christiana Trust v. Leriche, NY Slip Op 04186 (2d Dep't August 9, 2023)

Here is the decision.