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MANHATTAN KING DAVID RESTAURANT, INC. v. NATHANSON

269 A.D.2d 297 (2000)

703 N.Y.S.2d 43

MANHATTAN KING DAVID RESTAURANT, INC., et al., Appellants, v. JOSEPH K. NATHANSON et al., Respondents, et al., Defendants.

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

Decided February 24, 2000.

The complaint was properly dismissed for failure to show a reasonable excuse for the two and a half-month delay in serving it and a meritorious cause of action (CPLR 3012 [b]; see, A & J Concrete Corp. v Arker, 54 N.Y.2d 870). Defendants' retention of the complaint was not a waiver of the untimely service, at least where their motion to dismiss was made only some three weeks after receiving the complaint in the mail (cf.,...

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