In Leibowitz v. Glickman , Bruce Glickman got an assault and battery case -- which had been filed against him -- dismissed based on Leibowitz's failure to timely serve a complaint.
According to New York State law -- CPLR 3021(b) -- to get his lawsuit reinstated Leibowitz needed to show a "reasonable excuse for the delay" and a "meritorious cause of action."
While the Nassau County Supreme Court found Leibowitz's explanation for the inaction to be sufficient, on appeal the Appellate Division, Second Department, didn't agree.
Based upon the record before it, the AD2 found the "unspecified law office failure" an inadequate excuse and didn't believe Leibowitz's assault and battery claim had any merit.
With that, Leibowitz took yet another hit!
To download a copy of the Appellate Division's decision, please use this link: Leibowitz v. Glickman