Giordano v. Vanchieri & Perrier
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Orange County (Owen, J.), dated March 16, 2004, which granted the defendants’ motion to dismiss the action pursuant to CPLR 3012 (b).
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
To avoid dismissal for failure to serve a complaint after a demand therefor has been served pursuant to CPLR 3012 (b), a *622plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and a meritorious cause of action (see Tutora v…
2Cases cited11 opinions
- Hospital for Joint Diseases v. Elrac, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Weekes v. KarayianakisAppellate Division of the Supreme Court of the State of New York · 2003
- Thurmond v. ThurmondAppellate Division of the Supreme Court of the State of New York · 1989
- Chmielnik v. RosenbergAppellate Division of the Supreme Court of the State of New York · 2000
- Balgley v. CammarataAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by7 opinions
- Bates v. GalliganAppellate Division of the Supreme Court of the State of New York · 2006
- Aquilar v. Nassau Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Kordasiewicz v. BCC Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Perez-Faringer v. HeilmanAppellate Division of the Supreme Court of the State of New York · 2010
- Leibowitz v. GlickmanAppellate Division of the Supreme Court of the State of New York · 2008
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