DeLisa v. Pettinato
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWeiss, P. J.
Appeal from an order of the Supreme Court (White, J.), entered April 22, 1992 in Montgomery County, which denied defendant John C. Pettinato’s motion to dismiss the complaint against him for want of prosecution.
Plaintiff’s failure to timely comply with defendant’s CPLR 3216 90-day demand resulted in the instant motion to dismiss the complaint for failure to prosecute by defendant John C. Pettinato. To avoid dismissal plaintiff was required to demonstrate a justifiable excuse for his delay in complying with the demand and, in addition, to show that his cause of action had legal merit (see,…
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