Legal Opinion
Gagnon v. J.S. International Shipping Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2004PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Brands, J.), dated July 29, 2003, which granted the defendant’s motion pursuant to CPLR 3012 (b) to dismiss the action for failure to timely serve a complaint.
*337Ordered that the order is affirmed, with costs.
To avoid dismissal for failure to timely serve a complaint after a demand for the complaint has been made pursuant to CPLR 3012 (b), a plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and a meritorious cause of action…
2Cases cited9 opinions
- Grasso v. AngeramiNew York Court of Appeals · 1991
- Chmielnik v. RosenbergAppellate Division of the Supreme Court of the State of New York · 2000
- Culley v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1998
- Luksic v. KillmerAppellate Division of the Supreme Court of the State of New York · 1984
- Brenner v. Cross County Shopping CenterAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by2 opinions
- Leibowitz v. GlickmanAppellate Division of the Supreme Court of the State of New York · 2008
- J. Tortorella Swimming Pools, Inc. v. Incredible Coatings Corp.Appellate Division of the Supreme Court of the State of New York · 2006