Recitation as required by CPLR 2219 (a) of the papers considered in the review of this Motion:

Plaintiff made an ex parte application ("Motion") pursuant to CPLR 306-b for an extension of time to serve the Defendants and pursuant to CPLR 308 (5) for permission to serve the Defendants electronically via email, the Defendants have not appeared in this action, nor have they filed any opposition. This Court grants Plaintiff's Motion.

Plaintiff, the Defendants' former landlord commenced the instant action to recover rent arrears and the costs incurred repairing and cleaning Defendants' apartment after they vacated by filing Summons and Complaint on June 15, 2023. On August 16, 2023, Plaintiff filed the instant ex parte Motion requesting an extension of time to serve the Defendants and requesting [*2]permission to serve the Defendants electronically via email.

Under CPLR 306-b, Plaintiff was obligated to serve the Defendant with the Summons and Complaint no later than Friday, October 13, 2023. However, on motion, a court may extend the time for service in the interest of justice or for good cause shown (CPLR 306-b). The statute creates two separate standards by which to measure an application for an extension of time to serve (Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 104 [2001]). "To establish the requisite good cause, reasonable diligence in attempting service must be shown, but the interest of justice is a broader standard, which does not require a showing of good cause, and permits the court to consider many factors" (Spath v Zack, 36 AD3d 410 [1st Dept 2007]).

Here, Plaintiff has established that it searched public records databases to identify addresses associated with the Defendants. Plaintiff hired process servers who collectively made four attempts to personally serve the Defendants at those locations. However, all four attempts to serve the Defendants were unsuccessful. It was determined that the Defendants were neither residents nor post-holders at any of the addresses connected to them in the public records searches queried by Plaintiff. Under the circumstances, Plaintiff has exercised reasonable diligence in its efforts to serve the Defendants. This Court grants the branch of Plaintiff's Motion that sought to extend the time to serve the Defendants.

Plaintiff also moved pursuant to CPLR 308 (5) for permission to serve the Defendants with copies of the Summons and Complaint electronically at email addresses connected to the Defendants. The Defendants allegedly provided their email addresses to the Plaintiff when they submitted their rental application. If it is impractical for a Plaintiff to effect service in the manners prescribed in paragraphs one, two, and four of CPLR 308, a court, on motion without notice, may authorize service in an alternative manner (CPLR 308 [5]). In the instant case, Plaintiff has attempted to effect personal service on the Defendants four times, in four separate locations, each time to no avail. Given that Defendants' current addresses and whereabouts are unknown, it would be impractical to require Plaintiff to serve the Defendants in a manner set forth in paragraph one, two, or four of CPLR 308. Service upon the Defendants via email at the email addresses provided to Plaintiff in Defendants' rental application provides a reasonable alternative (Safadjou v Mohammadi, 105 AD3d 1423, 1425-1426 [4th Dept 2013]). This Court grants this branch of Plaintiff's motion and authorizes Plaintiff to serve the Defendants with the Summons and Complaint via email as described above.

Accordingly, it is

ORDERED that Plaintiff's time to serve the Defendants with the Summons and Complaint is hereby extended; and it is further

ORDERED that Plaintiff has 120 days from the date of this Order to serve the Defendants; and it is further.

ORDERED that service upon the Defendants via email at the email addresses provided by Defendants at the time of their rental application shall be deemed adequate service; and it is further

ORDERED that the Clerk is directed to correct the caption in this matter so that it reads:

This constitutes the DECISION and ORDER of the Court.