On May 05, 2023 a
MEMORANDUM OF LAW (Motion #003) Memorandum of Law in Support of Plaintiff's Second Motion for Extension of Time to Serve Process on - Memorandum of Law in Support of Plaintiff's Second Motion for Extension of Time to Serve Process on ... show more
was filed
involving a dispute between
Pine Valley Development Inc.,
and
Integra Holdings Llc,
Intensive Care Spa,
for Commercial - Contract - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/18/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
PINE VALLEY DEVELOPMENT INC., a
British Virgin Islands Corporation; Index No.: 652189/2023
Plaintiff,
vs. MEMORANDUM OF LAW IN SUPPORT
OF PLAINTIFF’S SECOND MOTION
INTEGRA HOLDINGS LLC, a New York FOR EXTENSION OF TIME TO SERVE
Limited Liability Company; INTENSIVE PROCESS ON INTENSIVE CARE SPA
CARE SPA, an Italian Joint Stock Company;
Mot. Seq. 003
Defendants.
MEMORANDUM OF LAW
Plaintiff PINE VALLEY DEVELOPMENT INC. submits this memorandum of law in
support of Plaintiff’s Second Motion for Extension of Time to Serve Process on Defendant
INTENSIVE CARE SPA (“Intensive”), and in support states:
1. Pursuant to CPLR 306-b, service of the summons and complaint shall be made
within 120 days after the commencement of the action. If service is not made upon a defendant
within the time provided in this section, the court, upon motion, shall dismiss the action without
prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the
time for service. Id.
2. To satisfy the lenient good cause standard, a plaintiff need only show “reasonably
diligent efforts at service.” Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 105 [2001]
3. “[G]ood cause may be found to exist where the plaintiff's failure to timely serve
process is a result of circumstances beyond the plaintiff's control.” Bumpus v New York City Tr.
Auth., 66 AD3d 26, 32 [2d Dept 2009].
1 of 3
FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/18/2023
Pine Valley Development Inc. v. Integra Holdings LLC et al.
Memorandum of Law – Mot. Seq. 003
Page 2 of 3
4. Further, New York courts routinely grant extensions to serve foreign litigants due
to delays associated with service under the Convention on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial Matters (“Hague Convention”). Kulpa v Jackson,
3 Misc 3d 227, 236 [Sup Ct 2004] (“Once the papers have been successfully delivered to the
sovereign, the domestic litigant's counsel has done all she can, and if additional months or years
are required to let the sovereign work his will, so be it, and courts should routinely correspondingly
extend the time provided to complete the task of achieving proper service under the Hague
Convention.”)
5. In support of this motion, Plaintiff contemporaneously submits the affirmation of
Plaintiff’s counsel detailing Plaintiff’s diligent efforts to serve Intensive and the delays associated
with the service under the Hague Convention.
6. Accordingly, Plaintiff respectfully requests an order extending Plaintiff’s deadline
to serve Intensive for an additional 120 days, i.e., on or before April 29, 2024, and granting any
further relief as this Court deems just and proper. See proposed order attached hereto as Exhibit
1.
42 West Street, Brooklyn, NY 11222 • Tel: 305-443114 • service@b2b.legal
2 of 3
FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/18/2023
Pine Valley Development Inc. v. Integra Holdings LLC et al.
Memorandum of Law – Mot. Seq. 003
Page 3 of 3
Dated: December 18, 2023
New York, New York
Respectfully submitted,
BARAKAT + BOSSA PLLC
Attorneys for Plaintiff
42 West Street
Brooklyn, NY 11222
Tel (305) 444-3114
Fax (305) 444-3115
By: /s/ Tereza Horáková
TEREZA HORÁKOVÁ
New York Bar No.: 5806773
GIACOMO BOSSA
New York Bar No.: 5244041
thorakova@b2b.legal
gbossa@b2b.legal
service@b2b.legal
42 West Street, Brooklyn, NY 11222 • Tel: 305-443114 • service@b2b.legal
3 of 3
Document Filed Date
December 18, 2023
Case Filing Date
May 05, 2023
Category
Commercial - Contract - Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PINE VALLEY DEVELOPMENT INC., a British Virgin Islands Corporation; Index No.: 652189/2023 Plaintiff, vs. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S SECOND MOTION INTEGRA HOLDINGS LLC, a New York FOR EXTENSION OF TIME TO SERVE Limited Liability Company; INTENSIVE PROCESS ON INTENSIVE CARE SPA CARE SPA, an Italian Joint Stock Company; Mot. Seq. 003 Defendants. MEMORANDUM OF LAW Plaintiff PINE VALLEY DEVELOPMENT INC. submits this memorandum of law in support of Plaintiff’s Second Motion for Extension of Time to Serve Process on Defendant INTENSIVE CARE SPA (“Intensive”), and in support states: 1. Pursuant to CPLR 306-b, service of the summons and complaint shall be made within 120 days after the commencement of the action. If service is not made upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action without prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the time for service. Id. 2. To satisfy the lenient good cause standard, a plaintiff need only show “reasonably diligent efforts at service.” Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 105 [2001] 3. “[G]ood cause may be found to exist where the plaintiff's failure to timely serve process is a result of circumstances beyond the plaintiff's control.” Bumpus v New York City Tr. Auth., 66 AD3d 26, 32 [2d Dept 2009]. 1 of 3 FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/18/2023 Pine Valley Development Inc. v. Integra Holdings LLC et al. Memorandum of Law – Mot. Seq. 003 Page 2 of 3 4. Further, New York courts routinely grant extensions to serve foreign litigants due to delays associated with service under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Convention”). Kulpa v Jackson, 3 Misc 3d 227, 236 [Sup Ct 2004] (“Once the papers have been successfully delivered to the sovereign, the domestic litigant's counsel has done all she can, and if additional months or years are required to let the sovereign work his will, so be it, and courts should routinely correspondingly extend the time provided to complete the task of achieving proper service under the Hague Convention.”) 5. In support of this motion, Plaintiff contemporaneously submits the affirmation of Plaintiff’s counsel detailing Plaintiff’s diligent efforts to serve Intensive and the delays associated with the service under the Hague Convention. 6. Accordingly, Plaintiff respectfully requests an order extending Plaintiff’s deadline to serve Intensive for an additional 120 days, i.e., on or before April 29, 2024, and granting any further relief as this Court deems just and proper. See proposed order attached hereto as Exhibit 1. 42 West Street, Brooklyn, NY 11222 • Tel: 305-443114 • service@b2b.legal 2 of 3 FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/18/2023 Pine Valley Development Inc. v. Integra Holdings LLC et al. Memorandum of Law – Mot. Seq. 003 Page 3 of 3 Dated: December 18, 2023 New York, New York Respectfully submitted, BARAKAT + BOSSA PLLC Attorneys for Plaintiff 42 West Street Brooklyn, NY 11222 Tel (305) 444-3114 Fax (305) 444-3115 By: /s/ Tereza Horáková TEREZA HORÁKOVÁ New York Bar No.: 5806773 GIACOMO BOSSA New York Bar No.: 5244041 thorakova@b2b.legal gbossa@b2b.legal service@b2b.legal 42 West Street, Brooklyn, NY 11222 • Tel: 305-443114 • service@b2b.legal 3 of 3