Legal Opinion

J. M. Heinike Associates, Inc. v. Ransom Enterprises, Inc.

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

Decided October 6, 1989No. Appeal No. 2PublishedCited by 1 opinion

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

  1. Barasch v. MicucciNew York Court of Appeals · 1980
  2. Berna v. Monroe Community CollegeAppellate Division of the Supreme Court of the State of New York · 1983
  3. Varanelli v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by1 opinion

  1. J. M. Heinike Associates, Inc. v. Ransom Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

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