![]() The Court found that this was not a reasonable excuse because Plaintiff "failed to establish why possession of the matrimonial file was necessary and why she was unable to obtain it. In opposition, Plaintiff asserted that she was unable to serve her Complaint because she did not have possession of her matrimonial file from prior counsel. a plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and a meritorious cause of action." Fascano v. In its written decision, the Court cited the long-established rule that "to avoid dismissal for failure to timely serve a complaint after a demand for the complaint has been made. Despite Plaintiff's opposition, the Court granted the Defendants' motions to dismiss the Complaint. Service of the Complaint was rejected by each Defendant. After at least one defendant had moved for dismissal, Plaintiff attempted to untimely serve her Complaint. Each defendant promptly moved to dismiss on the grounds that Plaintiff failed to timely serve her Complaint. Plaintiff never sought nor was granted an extension of time. Plaintiff failed to serve her Complaint within the required twenty days. Plaintiff did not respond to Defendants' Demands for a Complaint. CPLR ยง 3012 (b) allows for dismissal where the plaintiff fails to timely serve the Complaint. Plaintiff was then required to serve her Complaint within twenty days after service of the demands. Following service of the Summons with Notice, defense counsel each timely served a Notice of Appearance and Demand for Complaint upon Plaintiff. ![]() Plaintiff alleged that she did not receive her equitable portion of the marital estate because of the Defendants' negligence. On August 24, 2010, Plaintiff commenced a legal malpractice action, stemming from an underlying divorce action, against three attorneys by filing a Summons with Notice. Fahey underscores the dangers of initiating a lawsuit using a Summons with Notice. The Oswego County Supreme Court's Apdecision in Ripka v. ![]() White Collar & Government Investigations.Restructuring, Bankruptcy & Creditors' Rights. ![]()
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