COBBS v. LEFRAK ORG., INC.


85 A.D.2d 616 (1981)

Franklin Cobbs et al., Respondents v. Lefrak Organization, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 14, 1981


Order reversed on the law, with $50 costs and disbursements, and defendant's motion to dismiss is granted.

A plaintiff who seeks to serve a complaint, where a demand has been made, after expiration of the 20-day statutory period specified in CPLR 3012 (subd [b]), must (1) demonstrate that there was a reasonable excuse for the delay, and (2) make a prima facie showing of legal merit. (See Barasch v Micucci, 49 N.Y.2d 594;...

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