Scarborough v. Zimmon

Order reversed, without costs, and complaint dismissed. Memorandum: Defendant doctors David Zimmon and William Panke appeal from an order compelling them to accept plaintiffs’ late complaint. Although defendants failed to move for dismissal of the action against them pursuant to CPLR 3012 (subd [b]), we believe dismissal is warranted because plaintiffs failed to timely comply with defendants’ demand for a complaint and also failed to demonstrate merit and a reasonable excuse for the three-month delay (cf. A & J Concrete Corp. v Arker, 54 NY2d 870). Plaintiffs’ inability to obtain the services…