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MITRANI PLASTERERS CO., INC. v. SCG CONTR. CORP.

2012-00101.

97 A.D.3d 552 (2012)

947 N.Y.S.2d 339

2012 NY Slip Op 5398

MITRANI PLASTERERS CO., INC., Respondent, v. SCG CONTRACTING CORP., Appellant.

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

July 5, 2012.

Ordered that the order is affirmed, with costs.

To avoid dismissal of the action for failure to serve a complaint after a demand therefor 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' Benevolent Assn. of...

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