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LEFF v. LEMONIA REST. CORP.

187 A.D.2d 252 (1992)

Samuel Leff, Appellant, v. Lemonia Restaurant Corp., Respondent, et al., Defendants

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

November 5, 1992

In order to avoid dismissal for failure to comply with the requirements of CPLR 3012 (b) for timely service of a complaint, a plaintiff must demonstrate a reasonable excuse for the delay and the meritorious nature of the claim (Kel Mgt. Corp. v Rogers & Wells, 64 N.Y.2d 904). In this case, plaintiff satisfied those requirements. Plaintiff has shown that during the time which elapsed between October 1, 1990, to which date the...

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