PETRACCA v. HUDSON TOWER OWNERS LLC

1168N, 152353/13.

139 A.D.3d 518 (2016)

30 N.Y.S.3d 545

2016 NY Slip Op 03835

ANTHONY PETRACCA, Respondent, v. HUDSON TOWER OWNERS LLC et al., Defendants, and NIALL LAWLOR, Appellant.

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

Decided May 17, 2016.


The motion court providently exercised its discretion in granting plaintiff's motion for an extension. Although plaintiff delayed in moving for an extension, other relevant factors weighed in favor of granting plaintiff's motion, including plaintiff's diligence, the expiration of the statute of limitations on plaintiff's intentional tort claims, and the absence of any prejudice to defendant, given his actual notice of the summons and complaint (Leader v Maroney, Ponzini...

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