Appellate Division of the Supreme Court of New York, 2000

Meiselman v. Central Suffolk Hospital

Appellate Division of the Supreme Court of New York · Decided June 5, 2000

273 A.D.2d 209; 709 N.Y.S.2d 436; 2000 N.Y. App. Div. LEXIS 6267

Cases that cite this one

3 later published cases cite this decision.

Gagnon v. J.S. International Shipping Corp. (Appellate Division of the Supreme Court of New York 2004)
Brenner v. Cross County Shopping Center (Appellate Division of the Supreme Court of New York 2003)
Bergey v. Flynn (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

■ — In an action to recover damages for personal injuries, the plaintiff *210appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated June 15, 1999, which granted the motion of the defendant Central Suffolk Hospital to dismiss the action insofar as asserted against it pursuant to CPLR 3012 (b) upon the plaintiff’s failure to serve a complaint.

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.