Opinion
August 29, 1991
Appeal from the Supreme Court, Broome County (Fischer, J.).
Contrary to defendant's contention, Supreme Court did not abuse its discretion by denying defendant's motion to dismiss due to plaintiffs' minimal and nonprejudicial 11-day delay in serving the complaint (see, Lehigh Val. R.R. Co. v North Am. Van Lines, 25 A.D.2d 923; Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3012:12, at 658). In any event, the affidavit and proof submitted by plaintiffs in opposition to defendant's motion adequately demonstrated the alleged merits of the claim (see, Mufalli v Ford Motor Co., 105 A.D.2d 642) as well as the fact that the delay in service was excusable (see, Mineroff v Macy's Co., 97 A.D.2d 535).
Mahoney, P.J., Weiss, Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.