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LEADER v. MARONEY, PONZINI

276 A.D.2d 194 (2000)

718 N.Y.S.2d 374

SUSAN LEADER, Respondent, v. MARONEY, PONZINI & SPENCER, Also Known as PONZINI, SPENCER & GEIS et al., Appellants.

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

December 26, 2000.

Attorney(s) appearing for the Case

Steinberg & Cavaliere, L. L. P., White Plains (Kevin F. Cavaliere and Steven Coploff of counsel), for appellants.

Foley, Hickey, Gilbert & O'Reilly, New York City (Terrence P. O'Reilly of counsel), for respondent.

BRACKEN, J.P., and SMITH, J., concur with KRAUSMAN, J.; SCHMIDT and H. MILLER, JJ., dissent and vote to reverse the order appealed from, deny the motion and grant the cross motion to dismiss the complaint in a separate opinion by SCHMIDT, JJ.

OPINION OF THE COURT

KRAUSMAN, J.

Since 1992, CPLR 306-b has required that a summons and complaint or summons with notice be served upon a defendant within 120 days after the commencement of the action. In 1997, the Legislature amended CPLR 306-b to authorize a court to extend the 120-day service period for "good cause shown or in the interest of justice." On this appeal, we are asked to consider the circumstances under which it is appropriate for a court...

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