INNERARITY v. COUNTY OF WESTCHESTER

Ordered that the order is affirmed, with costs.

In order to defeat the motion for dismissal in this case, the plaintiff should have first offered a reasonable excuse for failing to timely serve a complaint and should have shown that he has a meritorious action by furnishing a sworn statement from a person having personal knowledge of the facts such as would be sufficient to defeat a motion for summary judgment (see, Luksic v. Killmer, 100 A.D.2d 864). The plaintiff failed to comply with either requirement. Weinstein, J.P., Bracken, Kunzeman and Rubin, JJ., concur.