Appellate Division of the Supreme Court of New York, 2009

Beltrez v. Chambliss

Beltrez v. Chambliss
Appellate Division of the Supreme Court of New York · Decided December 29, 2009
68 A.D.3d 681; 890 N.Y.2d 825
Beltrez v. Chambliss

Opinion of the Court

Plaintiff failed to demonstrate that she had a reasonable excuse for her delay in serving the complaint after defendants served their demand for it and a meritorious cause of action *682(CPLR 3012 [b], [d]; see e.g. Jee Foo Realty Corp. v Lemle, 259 AD2d 401 [1999]).

Contrary to plaintiff’s contention, service of the demand extended defendants’ time to appear in the action until 20 days after plaintiff served her complaint (CPLR 3012 [b]). Concur— Andrias, J.P., Friedman, Acosta, DeGrasse and Román, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.