Legal Opinion
Moray v. Koven & Krause
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 2009PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated June 19, 2008, which granted the defendant’s motion pursuant to CPLR 3012 (b) to dismiss the action for failure to timely serve a complaint.
Ordered that the order is affirmed, with costs.
To avoid dismissal for failure to serve a complaint after a demand therefor has been served pursuant to CPLR 3012 (b), a plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and the existence of a meritorious…
2Cases cited5 opinions
- KPSD Mineola, Inc. v. JahnAppellate Division of the Supreme Court of the State of New York · 2008
- Balgley v. CammarataAppellate Division of the Supreme Court of the State of New York · 2002
- Triantafillopoulos v. Sala Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Telmark, Inc. v. MillsAppellate Division of the Supreme Court of the State of New York · 1993
- Leibowitz v. GlickmanAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by2 opinions
- Moray v. Koven & KrauseNew York Court of Appeals · 2010
- Rock v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010