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Beltre v. Chambliss

Appellate Division of the Supreme Court of New York, First Department
Dec 29, 2009
68 A.D.3d 681 (N.Y. App. Div. 2009)

Opinion

December 29, 2009.

Order, Supreme Court, New York County (Joan B. Carey, J.), entered November 18, 2008, which granted the motion by defendants Paul Chambliss, M.D., Florentino Reyes, PAC, and Howard A. Grossman, M.D. to dismiss the complaint as against them for failure to timely serve the complaint, and denied plaintiff's cross motion to compel defendants' acceptance of the untimely served complaint, unanimously affirmed, without costs.

Before: Andrias, J.P., Friedman, Acosta, DeGrasse and Román, JJ.


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 (CPLR 3012 [b], [d]; see e.g. Jee Foo Realty Corp. v Lemle, 259 AD2d 401).

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]).

[Prior Case History: 2008 NY Slip Op 33084(U).]


Summaries of

Beltre v. Chambliss

Appellate Division of the Supreme Court of New York, First Department
Dec 29, 2009
68 A.D.3d 681 (N.Y. App. Div. 2009)
Case details for

Beltre v. Chambliss

Case Details

Full title:LETICIA BELTREZ, as Administratrix of the Estate of MARIANO S. BELTRE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 29, 2009

Citations

68 A.D.3d 681 (N.Y. App. Div. 2009)
890 N.Y.S.2d 825