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WILSON v. KING HAVEN HOLDING CO.

19 Misc.2d 793 (1959)

Stella Wilson et al., Respondents, v. King Haven Holding Company, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

September 25, 1959.

Attorney(s) appearing for the Case

I. Sidney Worthman for appellant.

No appearance for respondents.

Concur — PETTE, HART and BROWN, JJ.

Per Curiam.

While it may be that under the circumstances of this case there was a showing of a valid excuse for the delay in prosecuting the action (cf. Zeiger v. Kew Towers, 8 A.D.2d 827 [2d Dept.]), the absence of an affidavit of merits by the plaintiffs required the granting of defendant's motion to dismiss the action for lack of prosecution (Lakowitz v. Marlin Gardens, 5 A.D.2d 981

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