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NADINE BALGLEY, APPELLANT, v. ANGELO CAMMARATA, ETC., ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

"To avoid dismissal for failure to timely serve a complaint after a demand for the complaint has been made 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" (Chmielnik v. Rosenberg, 269 A.D.2d 555; see also Kel Mgt. Corp. v. Rogers Wells, 64 N.Y.2d 904). The plaintiff failed to demonstrate the existence of a meritorious cause of action. Therefore, the Supreme Court properly granted the respective motions to dismiss the complaint.

ALTMAN, J.P., S. MILLER, McGINITY, SCHMIDT and RIVERA, JJ., concur.

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BALGLEY v. CAMMARATA
(Nov 18, 2002)