Lavigne v. Allen

*982Staley, Jr., J. P., Cooke, Sweeney and Simons, JJ., concur; Greenblott, J., dissents and votes to reverse in the following memorandum: I dissent and vote to reverse. It is my feeling that the motion to dismiss under CPLR 3012 (subd. [b]) should have been granted since a reasonable excuse for delaying the service of the complaint after numerous demands thérefor, was not given (Wemple v. Cadoret, *98329 A D 2d 1033). Respondent concedes “that the preparation of and serving of said complaint has been delayed for various and sundry reasons, none of which have a great deal of merit”. Furthermore,…