Legal Opinion

Beltrez v. Chambliss

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 2009Published

1Opinion of the Court

Plaintiff failed to demonstrate that she had a reasonable excuse for her delay in serving the complaint after defendants served their demand for it and a meritorious cause of action *682(CPLR 3012 [b], [d]; see e.g. Jee Foo Realty Corp. v Lemle, 259 AD2d 401 [1999]).

Contrary to plaintiff’s contention, service of the demand extended defendants’ time to appear in the action until 20 days after plaintiff served her complaint (CPLR 3012 [b]). Concur— Andrias, J.P., Friedman, Acosta, DeGrasse and Román, JJ.

2Cases cited1 opinion

  1. Jee Foo Realty Corp. v. LemleAppellate Division of the Supreme Court of the State of New York · 1999