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Justice W. Franc Perry

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Plaintiff moved for leave to re-serve defendants with the summons and complaint in this personal injury action. Defendants, including New York City, cross-moved for dismissal of the complaint alleging the court lacked personal jurisdiction over the city as plaintiff failed to effectuate service of process under CPLR 306-b. It claimed plaintiff’s delay in following up–after not receiving an answer–for nearly five months, after the statute of limitations expired, constituted dilatory conduct precluding a “good cause” finding under §306-b. Plaintiff argued she reasonably relied on a licensed process server providing affidavits of service and GPS tracking photographs, confirming date, time, and location–constituting proof of her diligence in attempting to timely serve defendants. The court agreed finding the record demonstrated plaintiff’s conduct in attempting to serve defendants fell squarely within §306-b good cause analysis. As such, under this analysis it found plaintiff was entitled to more time to serve defendants as the record amply showed failure to timely serve was for circumstances beyond her control and defendants did not demonstrate any prejudice. Dismissal was denied and plaintiff was granted an extension to serve defendants and service was deemed timely, nunc pro tunc.