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BALGLEY v. CAMMARATA
Appellate Division of the Supreme Court of New York, Second Department.
Nov 18, 2002
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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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