Leader v. Maroney, Pozinni & Spencer

In Leader v. Maroney, Pozinni & Spencer (97 NY2d 95 [2001] the Court of Appeals noted that, unlike an extension request based on "good cause," there is no requirement, under the "interest of justice" standard, that a plaintiff show diligent efforts at service as a threshold matter. Instead, in its discretion the court may consider diligence (or the lack thereof) along with other factors to determine whether under the "interest of justice" standard, an extension of the time for service should be granted. The factors may include "the expiration of the Statute of Limitations, the meritorious nature of the cause of action, the length of delay in service, the promptness of a plaintiff's request for the extension of time, and prejudice to defendant." (Id. at 105-106.) The Court of Appeals noted that, unlike an extension request based on "good cause," there is no requirement, under the "interest of justice" standard, that a plaintiff show diligent efforts at service as a threshold matter. Instead, in its discretion the court may consider diligence (or the lack thereof) along with other factors to determine whether under the "interest of justice" standard, an extension of the time for service should be granted. The factors may include "the expiration of the Statute of Limitations, the meritorious nature of the cause of action, the length of delay in service, the promptness of a plaintiff's request for the extension of time, and prejudice to defendant." (Id. at 105-106.)