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NOLAN v. LECHNER

60 A.D.3d 473 (2009)

874 N.Y.S.2d 107

MAUREEN NOLAN, Appellant, v. JACK LECHNER et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 10, 2009.

A party who has commenced an action by service of a summons without complaint and fails to serve a complaint within 20 days of a demand must demonstrate the merits of the action and a reasonable excuse for the delay in order to avoid dismissal (CPLR 3012 [d]; Barasch v Micucci, 49 N.Y.2d 594, 599 [1980]).

Plaintiff did satisfy these requirements. On May 1, 2007, defendants served a notice of appearance and demanded a complaint...

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