Beltrez v Chambliss

Beltrez v Chambliss 2009 NY Slip Op 09726 [68 AD3d 681] December 29, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Leticia Beltrez, as Administratrix of the Estate of Mariano S. Beltre, Deceased, Appellant,
v
Paul Chambliss, M.D., et al., Respondents, et al., Defendants.

—[*1] Koehler & Isaacs, LLP, New York (Omar D. Lopera of counsel), for appellant.

Schiavetti, Corgan, DiEdwards & Nicholson, LLP, New York (Samantha E. Quinn of counsel), for respondents.

Order, Supreme Court, New York County (Joan B. Carey, J.), entered November 18, 2008, which granted the motion by defendants Paul Chambliss, M.D., Florentino Reyes, PAC, and Howard A. Grossman, M.D. to dismiss the complaint as against them for failure to timely serve the complaint, and denied plaintiff's cross motion to compel defendants' acceptance of the untimely served complaint, unanimously affirmed, without costs.

Plaintiff failed to demonstrate that she had a reasonable excuse for her delay in serving the complaint after defendants served their demand for it and a meritorious cause of action (CPLR 3012 [b], [d]; see e.g. Jee Foo Realty Corp. v Lemle, 259 AD2d 401 [1999]).

Contrary to plaintiff's contention, service of the demand extended defendants' time to appear in the action until 20 days after plaintiff served her complaint (CPLR 3012 [b]). Concur—Andrias, J.P., Friedman, Acosta, DeGrasse and RomÁn, JJ. [Prior Case History: 2008 NY Slip Op 33084 (U).]