Manhattan King David Restaurant, Inc. v. Nathanson

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered August 7, 1998, which granted defendants’ motion to dismiss the complaint and to impose sanctions against the individual plaintiff, and denied plaintiffs’ cross motion to compel defendants’ acceptance of an untimely served complaint, unanimously affirmed, with costs.

The complaint was properly dismissed for failure to show a reasonable excuse for the two and a half-month delay in serving it and a meritorious cause of action (CPLR 3012 [b]; see, A & J Concrete Corp. v Arker, 54 NY2d 870). Defendants’ retention of the…