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ESPOSITO v. ISAAC

1689, 109446/06

68 A.D.3d 483 (2009)

2009 NY Slip Op 9079

888 N.Y.S.2d 889

LUISA C. ESPOSITO, Respondent, v. ALLEN H. ISAAC, Appellant, et al., Defendants.

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

Decided December 8, 2009.

Plaintiff failed to satisfy the criteria for an extension of time to serve either upon good cause shown or in the interest of justice (see CPLR 306-b; Leader v Maroney, Ponzini & Spencer, 97 N.Y.2d 95, 103-104 [2001]). As to good cause, plaintiff failed to demonstrate diligence in effecting service (see Leader at 105). The referee found that the process server "at best, was sloppy, and at worst, was untruthful....

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