Opinion
2002-10621
Submitted March 5, 2003.
March 24, 2003.
In an action to recover damages for personal injuries, etc., the defendant Jorich Properties Company appeals from an order of the Supreme Court, Westchester County (Donovan, J.), dated September 24, 2002, which denied its motion to dismiss the action pursuant to CPLR 3012(b) for failure to timely serve a complaint.
Baxter Smith, P.C., White Plains, N.Y. (Kimberley A. Carpenter of counsel), for appellant.
Peter E. Tangredi Associates, White Plains, N.Y. (Wilbert Ramos of counsel), for plaintiffs-respondents.
Before: SANDRA J. FEUERSTEIN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the action is dismissed.
The Supreme Court erred in denying the appellant's motion pursuant to CPLR 3012(b) to dismiss the action. The plaintiffs failed to demonstrate a reasonable excuse for the delay, and the affidavit of merit did not establish a meritorious cause of action (see CPLR 3012[d]; Snyder v. Blinder, 230 A.D.2d 728; Gibson v. Victory Mem. Hosp., 221 A.D.2d 503).
FEUERSTEIN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.