NAVILLUS INC. v. GUGGINO


34 A.D.2d 648 (1970)

Navillus Inc., Respondent, v. Frank Guggino et al., Appellants, et al., Defendants

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

April 6, 1970


Order reversed, on the law and on the facts, without costs, and motion granted.

Plaintiff failed to comply with a notice served upon it pursuant to CPLR 3216 that it file a note of issue within 45 days and has not shown a justifiable excuse for the delay (CPLR 3216, subd. [b], par. [3]; subd. [e]; Kuroski v. Trenton-Ocean-Nevada Corp., 27 A.D.2d 935; Pernise v. Di Giacomo, 25 A.D.2d 447

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