Practice point: To avoid dismissal for failing to timely serve the complaint after a demand has been made pursuant to CPLR 3012(b), and to be entitled to an extension of time to serve the complaint under CPLR 3012(d), a plaintiff must demonstrate both a reasonable excuse for the delay and a potentially meritorious cause of action.
Student note: Plaintiff’s failure to provide an affidavit of merit from a person possessing personal knowledge of the facts underlying the action will result in a denial of plaintiff’s motion to extend the time to serve.
Case: Country Serv., Inc. v. Feiden & Assoc., P.C., NY Slip Op 01586 (2d Dept. 2012).
Here is the decision.
Monday’s issue: Affidavits in support of summary judgment motions.
