Waterside Tenants Ass'n v. Waterside Redevelopment Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*493Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about October 23, 1992, granting defendant’s motion to dismiss the complaint pursuant to CPLR 3012 (b), unanimously affirmed, without costs.
To successfully oppose defendant’s motion to dismiss plaintiffs action for failure to timely serve a complaint, plaintiff must demonstrate a reasonable excuse for its delay and establish the meritorious nature of its claim (Young v Bassett Hosp., 190 AD2d 905). Here, plaintiff has failed to meet its burden. Plaintiffs complaint, seeking reformation of a contract, was properly…
2Cases cited2 opinions
- William P. Pahl Equipment Corp. v. KassisAppellate Division of the Supreme Court of the State of New York · 1992
- Young v. Mary Imogene Bassett HospitalAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by2 opinions
- Estate of Jervis v. Teachers Insurance & Annuity Ass'nNew York Supreme Court · 1999
- Keiser v. GoetzAppellate Division of the Supreme Court of the State of New York · 1997