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GALIO v. RESTREPO

38 A.D.2d 586 (1971)

Antoinette Galio et al., Respondents, v. Hugo Restrepo et al., Defendants, and Alfonzo Vaccaro et al.. Appellants

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

December 20, 1971

Order reversed, on the facts and in the exercise of discretion, with $10 costs and disbursements; motion granted; and action dismissed.

Plaintiffs failed to adequately excuse the 14-month delay in service of the complaint and to submit a proper affidavit of merits. Under these circumstances, the denial of the motion to dismiss the action was an improvident exercise of discretion by the...

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