Egan v. Federated Department Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Kings County (Pino, J.), dated February 1, 1984, which denied its motion to dismiss the action for failure to timely serve a complaint.
Order reversed, as a matter of discretion, with costs, motion granted and action dismissed.
A plaintiff who seeks to serve a complaint after expiration of the 20-day statutory period following service of a demand therefor as specified in CPLR 3012 (b) must demonstrate that there was a reasonable excuse for the delay and make a prima facie showing of…
2Cases cited18 opinions
- Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Barasch v. MicucciNew York Court of Appeals · 1980
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Salch v. ParatoreNew York Court of Appeals · 1983
- De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
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3Cited by25 opinions
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- Santangelo v. RaskinAppellate Division of the Supreme Court of the State of New York · 1988
- Brooks v. Inn at Saratoga AssociationAppellate Division of the Supreme Court of the State of New York · 1992
- Bardales v. BladesAppellate Division of the Supreme Court of the State of New York · 1993
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