May v. Garcia

Appellate Division of the Supreme Court of New York

May v. Garcia

201 A.D.2d 628, 609 N.Y.S.2d 836

Appellate Division of the Supreme Court of the State of New York·Decided February 22, 1994·Published

Opinion

In an action to recover damages for medical malpractice, etc., the defendant appeals from an order of the Supreme Court, Richmond County (Cusick, J.), dated October 16, 1991, which denied his motion to dismiss the action and granted the plaintiffs’ cross motion for an extension of time to serve a complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the action is dismissed.

The plaintiff has failed to present a reasonable excuse for her failure to timely serve a complaint (see, Milstein v Bell, 197 AD2d 610; Ferrara v Guardino, 164 AD2d 932). Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.

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In an action to recover damages for medical malpractice, etc., the defendant appeals from an order of the Supreme Court, Richmond County (Cusick, J.), dated October 16, 1991, which denied his motion to dismiss the action and granted the plaintiffs’ cross motion for an extension of time to serve a complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the action is dismissed.

The plaintiff has failed to present a reasonable excuse for her failure to timely serve a complaint (see, Milstein v Bell, 197 AD2d 610; Ferrara v Guardino, 164 AD2d 932). Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.

May v. Garcia, 201 A.D.2d 628, 609 N.Y.S.2d 836 (N.Y. Ct. App. 1994).

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Opinion

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