Ordered that the order is reversed, on the law, without costs or disbursements, the defendants' motion is granted, the plaintiff's cross motion is denied, and the action is dismissed.
In order to defeat a motion to dismiss for failure to serve a complaint, a plaintiff must demonstrate a reasonable excuse for the delay and submit an affidavit of merit, containing evidentiary facts, indicating that he has a meritorious cause of action (see, Kel Mgt. Corp....
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
