Summary
This Appellate Division, Second Department decision affirms a lower court order denying a bank's motion to extend the time to serve a summons and complaint in a mortgage foreclosure action. The court found that the plaintiff failed to demonstrate good cause or that an extension was in the interest of justice, citing a lack of reasonable diligence and a nearly two-and-a-half-year delay after being notified of defective service. Consequently, the complaint against the defendant was properly dismissed for lack of personal jurisdiction.
Topics
Practice areas
Questions Presented
- Whether the plaintiff demonstrated good cause under CPLR 306(b) to obtain an extension of time to serve the summons and complaint.
Holdings
- The plaintiff did not demonstrate good cause; the extension of time was denied and the order dismissing the complaint for lack of personal jurisdiction was affirmed.
Key quotations
“"Generally, service of a summons and complaint must be made within 120 days after the commencement of the action" (HSBC Bank USA, N.A. v. Labin, 232 AD3d 861, 862).” (at 1)
“"'Good cause' and 'interest of justice' are two separate and independent statutory standards" (HSBC Bank USA, N.A. v. Labin, 232 AD3d at 862-863).” (at 1)
“"To establish good cause, a plaintiff must demonstrate reasonable diligence in attempting service" (Gooden v. New York City Health & Hosp. Corp., 216 AD3d 1143, 1145).” (at 1)
Factual background
JPMorgan Chase Bank sought to foreclose a mortgage on real property in Port Jefferson Station. The defendant, Anjum M. Malik, failed to appear or answer the complaint, resulting in a default judgment. The plaintiff later sought to extend the time to serve the summons and complaint, but the trial court denied the motion and dismissed the action against the defendant for lack of personal jurisdiction.
Procedural history
The plaintiff commenced a foreclosure action in July 2009 against the defendant. The defendant failed to appear, and a default judgment was entered in October 2010. The defendant later moved to vacate the default judgment and dismiss for lack of personal jurisdiction. The trial court vacated portions of the default order, scheduled a hearing on service, and later denied the plaintiff's motion to extend time to serve, granting the dismissal. The plaintiff appealed.