Frederick P. Bradley v. Robert Rexcoat and Jennifer Rexcoat

Summary

The Appellate Division, Fourth Department affirmed an order denying defendants' motion to vacate a prior order extending the time to serve them under CPLR 306-b. The court held that Supreme Court did not abuse its discretion in granting the extension in the interest of justice, noting that defendants' insurer had prompt notice of the accident and that defendants failed to show prejudice from the delayed service.

Holdings

1. Supreme Court did not abuse its discretion in granting plaintiff an extension of time to serve defendants in the interest of justice after weighing the relevant factors.
2. Defendants failed to demonstrate prejudice because their insurer received prompt notice of the accident and had an opportunity to investigate.

Questions Presented

1. Whether Supreme Court abused its discretion by granting plaintiff's ex parte motion under CPLR 306-b for an extension of time to serve defendants in the interest of justice.
2. Whether defendants demonstrated prejudice sufficient to warrant vacatur of the prior order extending the time for service.

Disposition

affirmed