Opinion
November 28, 1988
Appeal from the Supreme Court, Westchester County (Rubenfeld, J.).
Ordered that the order is affirmed, with costs.
In order to defeat the motion for dismissal in this case, the plaintiff should have first offered a reasonable excuse for failing to timely serve a complaint and should have shown that he has a meritorious action by furnishing a sworn statement from a person having personal knowledge of the facts such as would be sufficient to defeat a motion for summary judgment (see, Luksic v. Killmer, 100 A.D.2d 864). The plaintiff failed to comply with either requirement. Weinstein, J.P., Bracken, Kunzeman and Rubin, JJ., concur.