Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
MCINTOSH, JOHN A. v. GENESEE VALLEY LASER CENTRE
Citation: Not availableDocket: CA 13-01004
Court: Appellate Division of the Supreme Court of the State of New York; October 3, 2014; New York; State Appellate Court
Original Court Document: View Document
An order from the Supreme Court, Monroe County, affirmed the dismissal of John A. McIntosh's action against Genesee Valley Laser Centre and Dr. Holly B. Hahn due to his failure to comply with their demand for a complaint as required by CPLR 3012(b). The court found that McIntosh did not provide a reasonable excuse for the delay in serving the complaint and failed to establish a meritorious cause of action. Defendants had served a demand for the complaint shortly after McIntosh filed a summons with notice, and he did not meet the deadline for service. His claims of having served a complaint were unsubstantiated, and his reliance on conversations with defendants' attorney was deemed inappropriate as they were not part of the appeal record. The absence of a filed or served complaint was further highlighted by a letter from McIntosh requesting permission to serve a late complaint. Additionally, McIntosh's assertion that the record lacked the original complaint was found to be his responsibility to rectify. The court noted that without an affidavit of merit or verified complaint, McIntosh failed to demonstrate a valid cause of action. His request for an adjournment was also denied without abuse of discretion by the court.