Fuentes v. 2254 Realty Co.

Order, Supreme Court, Bronx County (Jack Turret, J.), entered June 27, 1988, which denied defendant-appellant’s motion toe dismiss the complaint for want of prosecution, unanimously reversed, on the law, and the motion granted with leave to plaintiff-respondent to move within 30 days to vacate the dismissal, without costs.

Plaintiff-respondent failed to meet her burden of establishing a meritorious cause of action by submission of an affidavit from one with personal knowledge of the underlying facts. Issue was joined in June 1985 and after no response to the demand for a bill of particulars…