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DEBORAH CHMIELNIK, etc., et al., respondents, v. RICHARD J. ROSENBERG, et al., appellants.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is denied, the cross motions are granted, and the complaint is dismissed.

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 (see, Kel Mgt. Corp. v. Rogers Wells, 64 N.Y.2d 904 ; Gibson v. Victory Mem. Hosp., 221 A.D.2d 503 ). Here, the Supreme Court erred in granting the plaintiffs' motion to compel the defendants to accept service of a late complaint and denying the defendants' respective cross motions to dismiss, as the plaintiffs failed to demonstrate the existence of a meritorious cause of action (see,Holton v. Sprain Brook Manor Nursing Home, 253 A.D.2d 852 ; Gibson v. Victory Mem. Hosp., supra).

The plaintiffs' remaining contentions are without merit.

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CHMIELNIK v. ROSENBERG
(Feb 28, 2000)