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WESS v. OLYMPIA & YORK REALTY CORP.

201 A.D.2d 365 (1994)

607 N.Y.S.2d 335

Paul H. Wess, Appellant, v. Olympia and York Realty Corp. et al., Respondents

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

February 15, 1994

Under CPLR 3012 (b), a plaintiff who has commenced an action by service of a summons without complaint and upon whom a demand has been made for service of the complaint has 20 days in which to comply with that demand. A plaintiff who wishes to serve a complaint after the 20 days has expired must demonstrate the merits of the cause of action as well as a reasonable excuse for the delay (Barasch v Micucci, 49 N.Y.2d 594, 599).

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