Country Service, Inc. v. Feiden & Associates, P.C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*915To avoid dismissal for failing to timely serve the complaint after a demand had been made pursuant to CPLR 3012 (b), and to be entitled to an extension of time to serve the complaint under CPLR 3012 (d), the plaintiffs had to demonstrate both a reasonable excuse for the delay and a potentially meritorious cause of action (see Tewari v Tsoutsouras, 75 NY2d 1, 12 [1989]; Grace v Follini, 80 AD3d 560 [2011]; Roccanova v Aussino [USA], Inc., 76 AD3d 522 [2010]; Juseinoski v Board of Educ. of City of N.Y., 15 AD3d 353, 357 [2005]). Here, the plaintiffs failed to provide an affidavit of merit from…
2Cases cited3 opinions
- Tewari v. TsoutsourasNew York Court of Appeals · 1989
- Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Grace v. FolliniAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by2 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Ganchrow v. KremerAppellate Division of the Supreme Court of the State of New York · 2018