GIBSON v. VICTORY MEM'L HOSP.


221 A.D.2d 503 (1995)

633 N.Y.S.2d 398

Leroy Gibson, Jr., Respondent, v. Victory Memorial Hospital, Appellant, et al., Defendants

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

November 20, 1995


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the appellant's motion to dismiss the action pursuant to CPLR 3012 (b) is granted, and the plaintiff's motion for leave to serve a late complaint is denied.

In order to avoid dismissal for failure to timely serve a complaint after a demand for the complaint has been made pursuant to CPLR 3012 (b), a plaintiff must demonstrate a reasonable excuse for the delay in serving the complaint...

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