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BELTREZ v. CHAMBLISS

1914N, 105762/07

68 A.D.3d 681 (2009)

2009 NY Slip Op 9726

890 N.Y.S.2d 825

LETICIA BELTREZ, as Administratrix of the Estate of MARIANO S. BELTRE, Deceased, Appellant, v. PAUL CHAMBLISS, M.D., et al., Respondents, et al., Defendants.

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

Decided December 29, 2009.

Plaintiff failed to demonstrate that she had a reasonable excuse for her delay in serving the complaint after defendants served their demand for it and a meritorious cause of action (CPLR 3012 [b], [d]; see e.g. Jee Foo Realty Corp. v Lemle, 259 A.D.2d 401 [1999]).

Contrary to plaintiff's contention, service of the demand extended defendants' time to appear in the action until 20...

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