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CHMIELNIK v. ROSENBERG

269 A.D.2d 555 (2000)

703 N.Y.S.2d 754

DEBORAH CHMIELNIK, Individually and as Parent and Natural Guardian of CRAIG FERGUSON, JR., et al., Respondents, v. RICHARD J. ROSENBERG et al., Appellants.

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

Decided February 28, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motions are granted, and the complaint is dismissed.

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 both a reasonable excuse for the delay in serving the complaint and a meritorious cause of action (see, Kel Mgt. Corp. v Rogers & Wells,

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