On April 2, 2025, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2025 NY Slip Op. 01940, holding that a motion to extend time to serve was properly declined for failure to show either good cause or that the extension was in the interests of justice, explaining:
[T]he Supreme Court providently exercised its discretion in denying the plaintiff’s motion to extend the time to serve Singer with the summons and complaint. Pursuant to CPLR 306-b, a court may, in the exercise of its discretion, grant a motion for an extension of time within which to effect service of the summons and complaint for good cause shown or in the interest of justice. Good cause and interest of justice are two separate and independent statutory standards. Good cause requires a showing of reasonable diligence in attempting to effect service. In deciding whether to grant a motion to extend the time for service in the interest of justice, the court must carefully analyze the factual setting of the case and balance the competing interests presented by the parties. Unlike an extension request premised on good cause, a plaintiff need not establish reasonably diligent efforts at service as a threshold matter. Under the interest of justice standard, the court may consider diligence, or lack thereof, along with any other relevant factor in making its determination, including 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 the defendant. Contrary to the plaintiff’s contention, it failed to demonstrate good cause to extend the time to serve Singer. Nor did it show that an extension of time to serve was warranted in the interest of justice.
Accordingly, the Supreme Court providently exercised its discretion in denying the plaintiff’s motion to vacate the August 2012 dismissal order and to restore the action to the calendar and the plaintiff’s motion to extend the time to serve Singer with the summons and complaint.
(Internal quotations and citations omitted).