Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05946
Majid v Manna
Read the official decision: 2026 NY Slip Op 05946
Holding The court affirmed the extension of time to serve the defendant under CPLR 306-b, finding no prejudice despite defective initial service. However, the court modified the lower court’s order to deny the plaintiff’s request for alternative service under CPLR 308(5) due to a lack of evidence that ordinary service was impracticable.
The court’s words
an extension of time to serve the summons and complaint under CPLR 306-b in the interest of justice is available where, as here, service is timely made within the 120-day period but is subsequently found to have been defective
2026 NY Slip Op 05946, at the official text
alternative service pursuant to CPLR 308(5) was unwarranted because there was no evidence that service upon Manna by ordinary means was impracticable
2026 NY Slip Op 05946, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05946 |
| Area of law | Civil Procedure |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05946 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1183 |
| Related records | Majid v Manna, 2026 NY Slip Op 05947 |
Recommended citation
ESQ HQ, New York Law Watch, Majid v Manna, 2026 NY Slip Op 05946 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05946/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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