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DUNEFSKY v. PETCO ANIMAL SUPPLIES, INC.

303 A.D.2d 620 (2003)

756 N.Y.S.2d 771

JOYCE DUNEFSKY et al., Respondents, v. PETCO ANIMAL SUPPLIES, INC., Respondent, and JORICH PROPERTIES COMPANY, Appellant.

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

Decided March 24, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is dismissed.

The Supreme Court erred in denying the appellant's motion pursuant to CPLR 3012 (b) to dismiss the action. The plaintiffs failed to demonstrate a reasonable excuse for the delay, and the affidavit of merit did not establish a meritorious cause of action (see CPLR 3012 [d]; Snyder v Blinder,

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