Opinion
2003-07474.
Decided June 7, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Brands, J.), dated July 29, 2003, which granted the defendant's motion pursuant to CPLR 3012(b) to dismiss the action for failure to timely serve a complaint.
Thomas P. Halley, Poughkeepsie, N.Y., for appellant.
Eustace Marquez, White Plains, N.Y. (Heath A. Bender of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, WILLIAM F. MASTRO, STEVEN W. FISHER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
To avoid dismissal for failure to timely serve a complaint after a demand for the complaint has been made pursuant to CPLR 3012(b), a plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and a meritorious cause of action ( see Brenner v. Cross County Shopping Ctr., 308 A.D.2d 469; Meiselman v. Central Suffolk Hosp., 273 A.D.2d 209; Chmielnik v. Rosenberg, 269 A.D.2d 555). The plaintiff failed to demonstrate a reasonable excuse for the delay in serving a complaint after demand had been made ( see Miraglia v. County of Nassau, 295 A.D.2d 411; Weiss v. Kahan, 209 A.D.2d 611; Premo v. Cornell, 83 A.D.2d 981, affd 55 N.Y.2d 962). Furthermore, the plaintiff failed to make a prima facie showing of merit to his claim that he sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident ( see Grasso v. Angerami, 79 N.Y.2d 813; Culley v. Morrison, 247 A.D.2d 356; Luksic v. Killmer, 100 A.D.2d 864).
FLORIO, J.P., KRAUSMAN, TOWNES, MASTRO and FISHER, JJ., concur.