| SAI Contr. Corp. v 18 W. 16th St. Corp. |
| 2020 NY Slip Op 02189 [182 AD3d 438] |
| April 2, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| SAI Contracting Corporation, Respondent, v 18 W. 16th Street Corp., Appellant, et al., Defendants. |
Baker Greenspan & Bernstein, Bellmore (Cheryl Kravatz of counsel), for appellant.
Law Offices of Matthew T. Worner, White Plains (Matthew T. Worner of counsel), for respondent.
Order, Supreme Court, New York County (David B. Cohen, J.), entered June 13, 2019, which granted plaintiff's motion to extend the notice of pendency, unanimously affirmed, without costs.
The motion court did not improvidently exercise its discretion in granting plaintiff's motion to extend the notice of pendency (see CPLR 6513). A large part of the delay in this case was attributable to circumstances outside the control of either party (see Tomei v Pizzitola, 142 AD2d 809, 810 [3d Dept 1988]). Although plaintiff is responsible for some of the delay, we find that good cause has been shown to extend the notice of pendency for an additional three years (Matter of Sakow, 97 NY2d 436, 442 [2002]; CPLR 6513). Concur—Renwick, J.P., Richter, Mazzarelli, Singh, JJ.