Opinion
February 23, 1987
Appeal from the Supreme Court, Westchester County (Dickinson, J.).
Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, the motion is granted, and the action is dismissed.
Since the plaintiffs sought to serve their complaint after expiration of the 20-day statutory period following service of the demand therefor, it was incumbent upon them to establish a reasonable excuse for the delay and a prima facie showing of legal merit (see, Egan v. Federated Dept. Stores, 108 A.D.2d 718). Instead, however, they did nothing after the defendant rejected their complaint as untimely served and failed to oppose the defendant's motion to dismiss the action pursuant to CPLR 3012 (b). In light of these defaults, Special Term erred in denying the defendant's dismissal motion (see, Kel Mgt. Corp. v. Rogers Wells, 64 N.Y.2d 904). Mangano, J.P., Brown, Rubin and Eiber, JJ., concur.