PALM v. AM. PROGRESSIVE HEALTH INS. CO.


34 A.D.2d 629 (1970)

Rose Palm, Respondent, v. American Progressive Health Insurance Co., Appellant

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

April 14, 1970


Order entered October 24, 1969, denying motion to dismiss on the ground plaintiff has generally neglected to proceed in the action, unanimously reversed on the law, the facts, and in the exercise of discretion, without costs and without disbursements, and the motion to dismiss is granted.

There are here present several reasons compelling dismissal pursuant to CPLR 3216; one is conclusive: the complete absence of an adequate affidavit of merits. The affidavit submitted...

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