Degen v. Hills Stores Company

—Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court should have granted defendants’ motion to dismiss plaintiff’s action without condition. A party opposing a motion to dismiss pursuant to CPLR 3012 (b) for failure to timely serve a complaint must make an adequate showing of merit (Kel Mgt. Corp. v Rogers & Wells, 64 NY2d 904, 905; Stolowitz v Mount Sinai Hosp., 60 NY2d 685, 686; McMillan v Ryan, 135 AD2d 1104, lv denied 71 NY2d 802; Cummings v St. Joseph’s Hosp. Health Ctr., 130 AD2d 957). Here, plaintiff appeared on defendants’ motion, but…