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Coolidge v. City Center Associates

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 569 (N.Y. App. Div. 2000)

Opinion

May 30, 2000

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 30, 1999, which granted the defendants' motion to dismiss the action pursuant to CPLR 3012(b) for failure to timely serve the complaint.

Before: O'Brien, J. P., Friedmann, McGinity and Smith, JJ., concur.


Ordered that the order is affirmed, with costs.

To successfully oppose the defendant's motion to dismiss the action based upon the plaintiff's failure to timely serve the complaint ( see, CPLR 3012[b]), the plaintiff was required to demonstrate a meritorious cause of action and a reasonable excuse for the default ( see, Bravo v. New York City Hous. Auth., 253 A.D.2d 510). The plaintiff failed to satisfy this standard.


Summaries of

Coolidge v. City Center Associates

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 569 (N.Y. App. Div. 2000)
Case details for

Coolidge v. City Center Associates

Case Details

Full title:ADRIAN M. COOLIDGE, Appellant, v. CITY CENTER ASSOCIATES et al.…

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

Date published: May 30, 2000

Citations

272 A.D.2d 569 (N.Y. App. Div. 2000)
709 N.Y.S.2d 428