Practice point: To avoid dismissal for failure to timely serve a complaint after a demand has been made pursuant to CPLR 3012(b), plaintiff must demonstrate a reasonable excuse and a potentially meritorious cause of action.
Students should note that a motion for leave to renew requires new facts that would change the prior determination, and a reasonable justification for the failure to present those facts on the prior motion.
Case: Grace v. Follini, NY Slip Op 00182 (2d Dept. 2011)
Here is the decision.
Tomorrow’s issue: Motion practice.
