LEIBOWITZ v. GLICKMAN


50 A.D.3d 643 (2008)

855 N.Y.S.2d 193

HOWARD LEIBOWITZ, Respondent, v. BRUCE GLICKMAN, Appellant.

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

Decided April 1, 2008.


Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was pursuant to CPLR 3012 (b) to dismiss the action based upon the plaintiff's failure to timely serve a complaint is granted, and the cross motion is denied.

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 a reasonable excuse for the delay in serving the complaint...

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