Milstein v. Bell

Full title: ROBERTA E. MILSTEIN, Respondent, v. RALPH S. BELL, Appellant

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

Date published: Oct 18, 1993

197 A.D.2d 610 (N.Y. App. Div. 1993)

604 N.Y.S.2d 758

Opinion

October 18, 1993

Appeal from the Supreme Court, Queens County (Katz, J.).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff failed to submit an affidavit of merits or to demonstrate that there was a reasonable excuse for the failure to serve the complaint timely (see, e.g., Kel Mgt. Corp. v. Rogers Wells, 64 N.Y.2d 904; Ferrara v. Guardino, 164 A.D.2d 932 ). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.