Rothstein v. Grayson

In a dental malpractice action, defendant appeals from an order of the Supreme Court, Kings County, entered April 25, 1980, which denied his motion pursuant to CPLR 3012 (subd [b]) to dismiss the action for failure to serve a complaint. Order reversed, on the law, with $50 costs and disbursements, and motion granted. The delay of more than one year in serving a complaint after demand was made was not adequately explained by counsel’s affirmation, which noted his clients’ residence in the State of New Jersey and their inability to recall the exact dates of treatment. Moreover, the merit of the…