Rosano v. County of Nassau

Appellate Division of the Supreme Court of New York

Rosano v. County of Nassau

208 A.D.2d 704, 617 N.Y.S.2d 789, 1994 N.Y. App. Div. LEXIS 9962

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

DecidedOctober 17, 1994

StatusPublished

Cited by3 cases

This text of 208 A.D.2d 704 (Rosano v. County of Nassau) 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

Rosano v. County of Nassau, 208 A.D.2d 704, 617 N.Y.S.2d 789, 1994 N.Y. App. Div. LEXIS 9962 (N.Y. Ct. App. 1994).

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Opinion

In an action to recover damages, inter alia, for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Kohn, J.), dated November 15, 1991, which conditionally granted their motion to dismiss the complaint pursuant to CPLR 3012 (b) unless the plaintiff served his complaint within 30 days of service upon him of the court’s order.

[705]*705Ordered that the order is reversed, on the law, with costs, the defendants’ motion is unconditionally granted, and the complaint is dismissed.

The plaintiff has failed to demonstrate a reasonable excuse for the delay in serving the complaint and to submit a proper affidavit of merits. His complaint should have been unconditionally dismissed pursuant to CPLR 3012 (b) (see, Kel Mgt. Corp. v Roger & Wells, 64 NY2d 904; Stolowitz v Mount Sinai Hosp., 60 NY2d 685; Ferrara v Guardino, 164 AD2d 932; Innerarity v County of Westchester, 144 AD2d 645; Niedermeier v Nassau County Dept. of Social Servs., 143 AD2d 78; Galio v Restrepo, 38 AD2d 586). Sullivan, J. P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.

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In an action to recover damages, inter alia, for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Kohn, J.), dated November 15, 1991, which conditionally granted their motion to dismiss the complaint pursuant to CPLR 3012 (b) unless the plaintiff served his complaint within 30 days of service upon him of the court’s order.

[705]*705Ordered that the order is reversed, on the law, with costs, the defendants’ motion is unconditionally granted, and the complaint is dismissed.

The plaintiff has failed to demonstrate a reasonable excuse for the delay in serving the complaint and to submit a proper affidavit of merits. His complaint should have been unconditionally dismissed pursuant to CPLR 3012 (b) (see, Kel Mgt. Corp. v Roger & Wells, 64 NY2d 904; Stolowitz v Mount Sinai Hosp., 60 NY2d 685; Ferrara v Guardino, 164 AD2d 932; Innerarity v County of Westchester, 144 AD2d 645; Niedermeier v Nassau County Dept. of Social Servs., 143 AD2d 78; Galio v Restrepo, 38 AD2d 586). Sullivan, J. P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.

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Bluebook (online)

208 A.D.2d 704, 617 N.Y.S.2d 789, 1994 N.Y. App. Div. LEXIS 9962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosano-v-county-of-nassau-nyappdiv-1994.

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