WILLIS v. CONKLING


20 A.D.2d 932 (1964)

Louise A. Willis et al., Respondents, v. Maria L. Conkling, Doing Business as Bayport Flower Houses, Appellant

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

April 27, 1964


Order of January 28, 1964, reversed, without costs, and motion denied.

In our opinion, plaintiffs' purported affidavit of merits is patently insufficient. It was not made by one having personal knowledge, nor does it set forth statements of an evidentiary nature which show that plaintiffs have provable causes of action. In addition, the delay in the prosecution of the action cannot be justified by the mere claim that in the interim plaintiffs were attempting to learn...

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