Nolan v. Lechner

Order, Supreme Court, New York County (Louis B. York, J.), entered February 19, 2008, which granted defendants’ motion to dismiss the complaint and denied plaintiffs cross motion to compel their acceptance of the complaint, unanimously reversed, on the law, without costs, defendant’s motion denied, the cross motion granted, and defendant directed to accept the complaint.

A party who has commenced an action by service of a summons without complaint and fails to serve a complaint within 20 days of a demand must demonstrate the merits of the action and a reasonable excuse for the delay in order…