Beltrez v. Chambliss

Appellate Division of the Supreme Court of New York

Beltrez v. Chambliss

68 A.D.3d 681, 890 N.Y.2d 825

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 2009

StatusPublished

This text of 68 A.D.3d 681 (Beltrez v. Chambliss) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beltrez v. Chambliss, 68 A.D.3d 681, 890 N.Y.2d 825 (N.Y. Ct. App. 2009).

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Opinion

Plaintiff failed to demonstrate that she had a reasonable excuse for her delay in serving the complaint after defendants served their demand for it and a meritorious cause of action [682]*682(CPLR 3012 [b], [d]; see e.g. Jee Foo Realty Corp. v Lemle, 259 AD2d 401 [1999]).

Contrary to plaintiff’s contention, service of the demand extended defendants’ time to appear in the action until 20 days after plaintiff served her complaint (CPLR 3012 [b]). Concur— Andrias, J.P., Friedman, Acosta, DeGrasse and Román, JJ.

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Plaintiff failed to demonstrate that she had a reasonable excuse for her delay in serving the complaint after defendants served their demand for it and a meritorious cause of action [682]*682(CPLR 3012 [b], [d]; see e.g. Jee Foo Realty Corp. v Lemle, 259 AD2d 401 [1999]).

Contrary to plaintiff’s contention, service of the demand extended defendants’ time to appear in the action until 20 days after plaintiff served her complaint (CPLR 3012 [b]). Concur— Andrias, J.P., Friedman, Acosta, DeGrasse and Román, JJ.

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Bluebook (online)

68 A.D.3d 681, 890 N.Y.2d 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beltrez-v-chambliss-nyappdiv-2009.

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