U.S. Bank National Association, etc., appellant, v Leon Pursoo, respondent, et al., defendants.

Holding The court affirmed the dismissal of the foreclosure action because the plaintiff failed to demonstrate good cause or an interest of justice for extending the time to serve the defendant. The plaintiff’s failure to serve within the statutory 120-day period, coupled with a lack of evidence showing reasonable diligence or actual notice, warranted the vacatur of the prior order and dismissal of the complaint.

The court’s words

Generally, service of a summons and complaint must be made within 120 days after the commencement of the action

2026 NY Slip Op 06161, at the official text

Good cause requires a showing of reasonable diligence in attempting to effect service

2026 NY Slip Op 06161, at the official text

the plaintiff failed to offer any excuse for its delay of approximately 15 years

2026 NY Slip Op 06161, at the official text

the plaintiff submitted no evidence that the defendant had actual notice of the action

2026 NY Slip Op 06161, at the official text