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MURPHY v. HOPPENSTEIN, M.D.

279 A.D.2d 410 (2001)

720 N.Y.S.2d 62

THOMAS MURPHY, Respondent, v. REUBEN HOPPENSTEIN, M.D., et al., Defendants, and NOEL HENRY, P.A., et al., Appellants.

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

Decided January 25, 2001.

We reject defendant Altman's argument that an extension of the CPLR 306-b 120-day period to make service of the summons and complaint may be granted only if no service, as opposed to improper service, is made within the 120-day period (see, Gurevitch v Goodman, 269 A.D.2d 355; cf., Salamon v Charney, 269 A.D.2d 256). Such "extensions of time should be liberally granted whenever plaintiffs...

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