RODRIGUEZ v. MC BUILDERS, INC.


18 A.D.3d 262 (2005)

793 N.Y.S.2d 918

MARYELLINA RODRIGUEZ, Respondent, v. MC BUILDERS, INC., et al., Appellants, et al., Defendants.

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

May 10, 2005.


Plaintiff sues to recover for damage to her property allegedly caused by the collapse of an adjacent building. Plaintiff's delay in serving her complaint subsequent to defendants' demand therefor was excusable under the particular circumstances presented and her supporting affidavit adequately demonstrates that she has a meritorious cause of action (cf. Jee Foo Realty Corp. v Lemle, 259 A.D.2d 401

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