Johnson v. Viola

— Appeal from an order of the Supreme Court (Kahn, J.), entered September 28, 1990 in Albany County, which, upon reargument, granted defendant’s motion to dismiss for failure to serve a complaint.

Supreme Court determined that plaintiff failed to demonstrate that her failure to timely serve a complaint was excusable. Her counsel admitted that defendant withdrew all extensions to serve by correspondence dated October 31, 1989 and demanded service by November 20, 1989. No complaint was served and defendant waited to move to dismiss after the expiration of an additional five months from the time…