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LUSKER v. 85-87 MERCER STREET ASSOCIATES, INC.

272 A.D.2d 278 (2000)

709 N.Y.S.2d 398

RON LUSKER et al., Appellants-Respondents, v. 85-87 MERCER STREET ASSOCIATES, INC., et al., Defendants, and MARCI ZELMANOFF, Respondent-Appellant.

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

Decided May 30, 2000.

The action was properly dismissed in the absence of a reasonable excuse for not having served a complaint for more than a year after defendant served her notice of appearance and demand for a complaint (CPLR 3012 [b]). Sanctions were properly imposed against plaintiffs because of the complete lack of merit to the action and their history of repetitive and vexatious litigation against defendant (22 NYCRR 130-1.1; see, Corto v...

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