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HAFKIN v. N. SHORE UNIV HOSP

279 A.D.2d 86 (2000)

718 N.Y.S.2d 379

RHODA HAFKIN et al., Appellants, v. NORTH SHORE UNIVERSITY HOSPITAL, Respondent. (Action No. 1.) RHODA HAFKIN et al., Appellants, v. NORTH SHORE UNIVERSITY HOSPITAL, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 26, 2000.

Attorney(s) appearing for the Case

Peters, Berger, Koshel & Goldberg, P. C., Brooklyn (Richard L. Goldberg of counsel), for appellants.

Costello, Shea & Gaffney, New York City (Richard Paul Stone and Paul E. Blutman of counsel), for respondent.

THOMPSON and SCHMIDT, JJ., concur with RITTER, J. P.; FLORIO and KRAUSMAN, JJ., dissent and vote to modify the order appealed from by deleting the provision thereof denying that branch of the cross motion which was, in effect, to extend the plaintiffs' time to serve the summons and complaint in Action No. 1 as academic, and to remit the matter to the Supreme Court, Nassau County, for further proceedings in accordance with the dissent, and to otherwise affirm the order, in a separate opinion by FLORIO, J.

OPINION OF THE COURT

RITTER, J. P.

We are asked to determine whether the plaintiffs should receive a discretionary extension of their time to serve process commencing an action as authorized by CPLR 306-b. We find that the plaintiffs have failed to demonstrate either good cause or that the interest of justice would be served by granting such relief.

The plaintiff Rhoda Hafkin (hereinafter Hafkin) was admitted to the defendant hospital on May 19,...

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