NITZE v. GALLAGHER


138 A.D.2d 466 (1988)

Anna E. Nitze, Respondent, v. Edward Gallagher, Appellant

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

March 14, 1988


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is dismissed.

The Supreme Court erred in denying the defendant's motion to dismiss this action based on the plaintiff's failure to serve his complaint until more than two years after service was required. Even if the plaintiff's excuse for the delay could be considered reasonable, she has failed to make an adequate showing that her claim has merit. The plaintiff did not...

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