Practice point: A party who has served a summons without complaint and does not serve the complaint within 20 days of a demand must demonstrate a meritorious cause of action and a reasonable excuse for the delay in order to avoid dismissal, pursuant to CPLR 3012[d].
Practitioners should note that law office failure to discover the demand, along with the disabled plaintiff's physical difficulties in getting to counsel's office to verify the complaint, will constitute a reasonable excuse.
Case: Nolan v. Lechner, NY Slip Op 01724 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Municipalities Law.
