Meiselman v. Central Suffolk Hospital
Opinion of the Court
■ — In an action to recover damages for personal injuries, the plaintiff
Ordered 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 (see, Chmielnik v Rosenberg, 269 AD2d 555; Quinn v Weneo Food Sys., Co., 269 AD2d 437; Culley v Morrison, 247 AD2d 356). The plaintiff failed to comply with either requirement. Bracken, J. P., Ritter, Altman and Feuerstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.