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EGAN v. FEDERATED DEP'T STORES, INC., ABRAHAM & STRAUS DIV.

108 A.D.2d 718 (1985)

Margaret C. Egan, Respondent, v. Federated Department Stores, Inc., Abraham & Straus Division, Appellant

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

February 4, 1985

Order reversed, as a matter of discretion, with costs, motion granted and action dismissed.

A plaintiff who seeks to serve a complaint after expiration of the 20-day statutory period following service of a demand therefor as specified in CPLR 3012 (b) must demonstrate that there was a reasonable excuse for the delay and make a prima facie showing of legal merit (see, Barasch v Micucci, 49 N.Y.2d 594; De Vito v Marine...

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