Citibank, N.A. v Grunberger

Holding The Appellate Division affirmed the lower court’s order granting the plaintiff’s motion to extend the time to serve the summons and complaint in the interest of justice. The court determined that the extension was appropriate because the statute of limitations had expired, the delay was not particularly egregious, and there was no identifiable prejudice to the defendant.

The court’s words

The more flexible interest of justice standard accommodates late service that might be due to mistake, confusion, or oversight, so long as there is no prejudice to the defendant

2026 NY Slip Op 06413, at the official text

the plaintiff demonstrated that there was no identifiable prejudice to the defendant attributable to the delay in proper service

2026 NY Slip Op 06413, at the official text