Hafkin v. North Shore Univ. Hosp

In Hafkin v. North Shore Univ. Hosp., 279 AD2d 86 [2d Dept 2000], affd 97 NY2d 95 [2001], the Second Department agreed that in considering extensions in the interest of justice courts should look at the totality of circumstances such as (1) the expiration of the statute of limitations, (2) the explanation given for the late service, (3) the promptness with which plaintiff sought judicial extension of the time to serve, and (4) any prejudice to defendant. (Id. at 90.) According to the Court, these "factors are not intended to be exhaustive, but are merely factors to be considered in determining whether the facts and circumstances as a whole warrant discretionary relief pursuant to CPLR 306-b" (at 90-91). Applying this approach, the Hafkin Court denied the discretionary extension because plaintiff's attorneys did not offer any explanation or excuse for delaying almost eight months between their failed service of process and their motion seeking an extension of the time to serve, nor did they claim to be unaware of the provisions of the amended version of CPLR 306-b or that they mistakenly proceeded under the provisions of former CPLR 306-b; rather, they merely argued that "because their 'service upon defendant was reasonably diligent' and the Statute of Limitations on their claims had otherwise run, the court should exercise its discretionary power under CPLR 306-b to grant an extension of time to serve the summons and complaint ... in the 'interest of justice.' " (Id. at 89.) The Court disagreed that the attorneys acted in a "reasonably diligent" manner in attempting service of process, and determined that the attorneys had not offered any other equitable explanations. Under these circumstances, plaintiffs were not entitled to the discretionary extension.