AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

ANTHONY TUTORA, appellant, v. GEORGE T. SCHIRRIPA, respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

It is well settled that to avoid dismissal for failure to serve a complaint after a demand therefor has been served pursuant to CPLR 3012(b), a plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and a meritorious cause of action ( see Dunefsky v. Petco Animal Supplies, 303 A.D.2d 620; Balgley v. Cammarata, 299 A.D.2d 432; Miraglia v. County of Nassau, 295 A.D.2d 411). The plaintiff failed to show the existence of a meritorious cause of action. Accordingly, the Supreme Court properly dismissed the action.

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

Use AI to get other relevant cases.

Comments

TUTORA v. SCHIRRIPA
(Nov 3, 2003)