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DAYAN v. DARCHE

2011-05733, 2012-00796.

96 A.D.3d 708 (2012)

945 N.Y.S.2d 735

2012 NY Slip Op 4312

NAIMA DAYAN, Appellant, v. GARY M. DARCHE, Respondent.

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

June 6, 2012.

Ordered that the orders are affirmed, with one bill of costs.

To avoid dismissal of the action for failure to serve a complaint after a demand for the complaint has been made pursuant to CPLR 3012 (b), a plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and a potentially meritorious cause of action (see Perez-Faringer v Heilman, 79 A.D.3d 837, 838 [2010]; Gibbons v Court Officers...

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