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PRISTAVEC v. GALLIGAN

32 A.D.3d 834 (2006)

820 N.Y.S.2d 529

LISA BATES PRISTAVEC et al., Respondents, v. THOMAS GALLIGAN et al., Appellants, et al., Defendants.

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

September 12, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

To avoid dismissal for failure to timely serve a complaint after a demand therefor has been served 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 Maldonado v Suffolk County, 23 A.D.3d 353 [2005]; Giordano v Vanchieri & Perrier, ...

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