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IRVIO JIMENEZ, Appellant, v. CITY OF NEW YORK et al., Defendants, and "JOHN" MASSAR et al., Respondents.

Although extensions of time should be liberally granted on good cause shown or in the interest of justice (CPLR 306-b; see Leader v. Maroney, Ponzini Spencer, 97 NY2d 95), plaintiff made no showing of diligence, that the cause of action had merit, that there had been no undue delay in service, or that he had promptly requested the extension of time. Moreover, once the action was dismissed, plaintiff could no longer seek an extension of time to effect service ( Sottile v. Islandia Home for Adults, 278 AD2d 482, 483).

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JIMENEZ v. CITY OF NEW YORK
(Dec 7, 2004)