J. M. Heinike Associates, Inc. v. Ransom Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: More than seven years passed between defendant’s second demand for service of a complaint and this motion by defendant to dismiss the action pursuant to CPLR 3012 (b). Plaintiff failed to offer a reasonable excuse for such a long delay (see, Barasch v Mi*893cucci, 49 NY2d 594; Varanelli v County of Suffolk, 130 AD2d 653; Berna v Monroe Community Coll., 91 AD2d 1199). Thus Supreme Court acted properly in denying plaintiffs motion for an extension of time to serve a complaint (CPLR 3012 [d]) and in dismissing the action.
We also find that Supreme…
2Cases cited3 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Berna v. Monroe Community CollegeAppellate Division of the Supreme Court of the State of New York · 1983
- Varanelli v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by1 opinion
- J. M. Heinike Associates, Inc. v. Ransom Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1989