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29 A.D.3d 834

Arango v. Bonilla

Appellate Division of the Supreme Court of the State of New York · decided 2006-05-23

Decided 2006-05-23

¶1In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Agate, J.), dated January 19, 2005, which, in effect, denied that branch of his motion which was to dismiss the complaint for lack of personal jurisdiction pursuant to CPLR 3211 (a) (8), and granted the plaintiffs oral application for leave to extend her time to serve the summons and complaint pursuant to CPLR 306-b.

¶2Ordered that the order is affirmed, with costs.

¶3Under the facts of this case, the Supreme Court providently exercised its discretion in granting the plaintiffs application to extend the time within which to serve the summons and complaint pursuant to CPLR 306-b (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 [2001]). Florio, J.P., Santucci, Mastro, Rivera and Covello, JJ., concur.

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