DRENNON v. FARIS PHARMACY, INC.


197 A.D.2d 863 (1993)

602 N.Y.S.2d 473

Hilda G. Drennon, Individually and as Executrix of Jack A. Drennon, Deceased, Appellant, v. Faris Pharmacy, Inc., et al., Respondents

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

October 1, 1993


Judgment unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Plaintiff appeals from a judgment that dismissed her complaint for failure to file a note of issue and statement of readiness in response to defendants' 90-day demand (see, CPLR 3216). In dismissing the action, the court implied that plaintiff's delay in resuming prosecution was excusable, but held that plaintiff failed to make a meritorious showing...

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