Order, Supreme Court, New York County (Joan B. Carey, J.), entered November 18, 2008, which granted the motion by defendants Paul Chambliss, M.D., Florentino Reyes, PAC, and Howard A. Grossman, M.D. to dismiss the complaint as against them for failure to timely serve the complaint, and denied plaintiff's cross motion to compel defendants' acceptance of the untimely served complaint, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Friedman, Acosta, DeGrasse, RomÁn, JJ.
Plaintiff failed to demonstrate that she had a reasonable excuse for her delay in serving the complaint after defendants served their demand for it and a meritorious cause of action (CPLR 3012[b], [d]; see e.g. Jee Foo Realty Corp. v Lemle, 259 AD2d 401 ).
Contrary to plaintiff's contention, service of the demand extended defendants' time to appear in the action until 20 days after plaintiff served her complaint (CPLR 3012[b]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
© 1992-2009 VersusLaw ...