Opinion
2002-09813
Submitted September 24, 2003.
November 3, 2003.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Murphy, J.), entered September 24, 2002, which granted the defendant's motion pursuant to CPLR 3012(b) to dismiss the action for failure to timely serve a complaint, and denied his cross motion to enlarge his time to serve a complaint.
Gregory Menillo, New Rochelle, N.Y. (Robert E. Sokolski of counsel), for appellant.
Rende, Ryan Downes, LLP, White Plains, N.Y. (Roland T. Koke of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
It is well settled that to avoid dismissal for failure to serve a complaint after a demand therefor has been served pursuant to CPLR 3012(b), a plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and a meritorious cause of action ( see Dunefsky v. Petco Animal Supplies, 303 A.D.2d 620; Balgley v. Cammarata, 299 A.D.2d 432; Miraglia v. County of Nassau, 295 A.D.2d 411). The plaintiff failed to show the existence of a meritorious cause of action. Accordingly, the Supreme Court properly dismissed the action.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.