Practice point: Generally, service of a summons and complaint must be made within 120 days after the commencement of the action. Pursuant to CPLR 306-b, a court may, in the exercise of discretion, grant an extension of time within which to effect service for good cause shown or in the interest of justice.The more flexible interest of justice standard accommodates late service that might be due to mistake, confusion, or oversight, so long as there is no prejudice to the defendant. In considering the interest of justice 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 the defendant.
Application: The Supreme Court providently exercised its discretion in granting the plaintiff's motion in the interest of justice, and properly determined that dismissal of complaint insofar as asserted against the defendant pursuant to CPLR 306-b and 3211(a)(8) on the ground of the plaintiff's failure to serve the defendant with the summons and complaint was not warranted. The plaintiff demonstrated that the action was timely commenced, that service was timely attempted and was believed by the plaintiff to have been made within 120 days after the commencement of the action, but was subsequently found to be defective, and that the extension of time would not prejudice the defendant. Additionally, the plaintiff demonstrated a potentially meritorious cause of action.
Deutsche Bank Natl. Trust Co. vs. Hall, NY Slip Op 05932 (2d Dep't October 14, 2026)
