ISA ORLOVIC v. McGuinness

• Decision Date: 27 January 2003
• Citation: 753 N.Y.S.2d 871,301 A.D.2d 629
• Court: New York Supreme Court — Appellate Division
• Parties: ISA ORLOVIC et al., Appellants,<BR>v.<BR>EDWARD McGUINNESS, Respondent.

301 A.D.2d 629

753 N.Y.S.2d 871

ISA ORLOVIC et al., Appellants,

v.EDWARD McGUINNESS, Respondent.

Decided January 27, 2003.

Krausman, J.P., Friedmann, Mastro and Rivera, JJ., concur.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to dismiss the complaint. By order dated September 18, 2000, the plaintiff's time to serve the defendant with a summons and complaint was extended pursuant to CPLR 306-b. Eight months subsequent to that order, the plaintiffs still had not served the defendant. Considering the extended delay in service, the plaintiffs' lack of diligence in effecting service, the prejudice to the defendant as a result of the delay, and the absence of a reasonable excuse for the delay, the plaintiffs are not entitled to an additional extension of time to effectuate service (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95; Ludemann v Maisel, 292 AD2d 428; Rihal v Kirchhoff, 291 AD2d 548; Carbonaro v Maimonides Med. Ctr., 289 AD2d 437).