Summary
extending time to serve complaint because plaintiff showed reasonable excuse for delay and merit to claim
Summary of this case from Zeqiraj v. Manhattan Eye, Ear, & Throat Hosp.Opinion
6049.
May 10, 2005.
Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered October 9, 2003, which, to the extent appealed from as limited by the brief, denied defendants-appellants' motion to dismiss the complaint pursuant to CPLR 3012 (b) and granted plaintiff's cross motion for an extension of time in which to serve her complaint, unanimously affirmed, without costs.
Before: Mazzarelli, J.P., Ellerin, Nardelli, Williams and Catterson, JJ., concur.
Plaintiff sues to recover for damage to her property allegedly caused by the collapse of an adjacent building. Plaintiff's delay in serving her complaint subsequent to defendants' demand therefor was excusable under the particular circumstances presented and her supporting affidavit adequately demonstrates that she has a meritorious cause of action ( cf. Jee Foo Realty Corp. v. Lemle, 259 AD2d 401).