WOLKOWICKI v. RIZZO


43 A.D.2d 838 (1974)

Shimon Wolkowicki et al., Respondents, v. Tony Rizzo, Appellant

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

January 4, 1974


Order reversed, on the law, with $20 costs and disbursements, and defendant's motion granted.

Plaintiffs having failed to move for relief from the preclusion order, further failed, in opposition to the motion under review, to demonstrate the existence of a meritorious cause of action. Moreover, the weak excuse offered for their default in complying with the preclusion order at best falls into the category of explanations known as

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