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MEZAR v. DEFRANCO

2019-04684. Index No. 515352/16.

190 A.D.3d 849 (2021)

136 N.Y.S.3d 782

2021 NY Slip Op 00307

Jude Mezar et al., Appellants, v. Louis Defranco et al., Respondents.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Asher & Associates, P.C. (Hasapidis Law Offices, South Salem, NY [ Annette G. Hasapidis ], of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York, NY ( Susan Paulson and Malini Dhanraj of counsel), for respondents.

Dillon, J.P., LaSalle, Barros and Christopher, JJ., concur.

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

"To avoid dismissal of [an] 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" (Carducci v Russell, 120 A.D.3d 1375, 1375-1376 [2014]; see Telian v...

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