BROOKS v. INN AT SARATOGA ASS'N


188 A.D.2d 921 (1992)

Glenda L. Brooks, Appellant, v. Inn at Saratoga Association, Doing Business as Inn at Saratoga, Respondent

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

December 24, 1992


We reject plaintiff's contention that Supreme Court erred in granting defendant's motion to dismiss the action based on her failure to timely serve a complaint (see, CPLR 3012 [b]). To avoid dismissal, plaintiff was required to demonstrate a reasonable excuse for the delay, here approximately four months, and make a prima facie showing of legal merit (see, Corrado v Bendell, 93 A.D.2d 876, appeal dismissed 60...

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