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SOTIRAKIS v. UNITED SERVS. AUTO. ASS'N

91 A.D.2d 1067 (1983)

Theodoros Sotirakis, Respondent, v. United Services Automobile Association, Appellant

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

January 31, 1983

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

In order to avoid dismissal for failure to serve a complaint after the expiration of the 20-day statutory period specified in CPLR 3012 (subd [b]), a plaintiff must (1) demonstrate that there was a reasonable excuse for the delay and (2) make a prima facie showing of the legal merit of the action (see Barasch v Micucci, 49 N.Y.2d 594

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