Opinion
Submitted January 12, 2000
February 24, 2000
In an action to recover damages for dental malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Levine, J.), dated June 21, 1999, which denied their motion pursuant to CPLR 3012(b) to dismiss the action on the ground that the plaintiff failed to timely serve a complaint.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO HOWARD MILLER, JJ.
Ahmuty, Demers McManus, Albertson, N.Y. (Frederick B. Simpson, John A. McPhilliamy, and Brendan T. Fitzpatrick of counsel), for appellants.
DECISION ORDER
ORDERED that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the action is dismissed.
The Supreme Court improvidently exercised its discretion in denying the defendants' motion pursuant to CPLR 3012(b) to dismiss the action on the ground that the plaintiff failed to timely serve a complaint. The plaintiff failed to submit an affidavit of merit by an expert (see, Culley v. Morrison, 247 A.D.2d 356 ; Snyder v. Blinder, 230 A.D.2d 728 ; Gibson v. Victory Mem. Hosp., 221 A.D.2d 503 ), and the excuses proffered for the almost eight-month delay were not reasonable (see, Bravo v. New York City Hous. Auth., 253 A.D.2d 510 ;Weiss v. Kahan, 209 A.D.2d 611 ; Iagrossi v. Gerber, 205 A.D.2d 586 ).