Opinion
Submitted November 16, 1999
December 20, 1999
In an action to recover damages for personal injuries, the defendants ABC Corp., d/b/a Blue Bay Diner, and Waldbaum's, Inc., separately appeal from an order of the Supreme Court, Queens County (Schmidt, J.), dated January 25, 1999, which denied their respective motions to dismiss the action insofar as asserted against them for failure to timely serve a complaint pursuant toCPLR 3012(b).
Laykind Summers, Franklin Square, N.Y. (John H. Hagelin of counsel), for appellant ABC Corp., d/b/a Blue Bay Diner.
Kral, Clerkin, Redmond, Ryan, Perry Girvan, Mineola, N Y (Anne M. Gremillot and Robert D. Martin of counsel), for appellant Waldbaum's, Inc.
Mark J. Nerenberg, Little Neck, N.Y., for respondent.
THOMAS R. SULLIVAN, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law and as an exercise of discretion, with one bill of costs, the motions are granted, the action is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.
The Supreme Court erred in denying the appellants' motions to dismiss the action insofar as asserted against them based upon the plaintiff's failure to serve a timely complaint (see, CPLR 3012[b]). The plaintiff failed to submit a sufficient affidavit of merit demonstrating a meritorious cause of action, and did not come forward with a reasonable excuse for her failure to serve the complaint in a timely fashion (see, Kel Mgt. Corp. v. Rogers Wells, 64 N.Y.2d 904 ; Bravo v. New York City Hous. Auth., 253 A.D.2d 510 ; Roux v. Patrick, 226 A.D.2d 695 ; Ferrara v. Guardino, 164 A.D.2d 932 ).
SULLIVAN, J.P., FRIEDMANN, FEUERSTEIN, and SMITH, JJ., concur.