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ROSENBERG v. NAISHTUT

21 A.D.2d 910 (1964)

Klara Rosenberg, Respondent, v. Nadia Naishtut, Appellant

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

July 9, 1964

Order insofar as appealed from, reversed, without costs; defendant's motion to dismiss the complaint granted unconditionally; and complaint dismissed, without costs.

Plaintiff failed to show either a reasonable excuse or justification for the delay of over four years in the prosecution of the action, or, by an affidavit of one having personal knowledge of the facts, that the action has merit. Under such circumstances, defendant...

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