Sanders v. Van Dome Management

Full title: BRYNE SANDERS et al., Respondents, v. VAN DOME MANAGEMENT, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 22, 1993

191 A.D.2d 630 (N.Y. App. Div. 1993)

595 N.Y.S.2d 113

Opinion

March 22, 1993

Appeal from the Supreme Court, Kings County (Garry, J.).

Ordered that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the action is granted unconditionally.

The plaintiffs failed to set forth a reasonable excuse for their delay in serving a complaint pursuant to the defendant's demand (see, CPLR 3012 [b]). Furthermore, the plaintiffs failed to address the merits of the case. It was thus error as a matter of law to grant the motion conditionally (see, Kel Mgt. Corp. v Rogers Wells, 64 N.Y.2d 904; Stolowitz v. Mount Sinai Hosp., 60 N.Y.2d 685; Buono v. Makita U.S.A., 175 A.D.2d 196). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.