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DELIA v. RAMAPO GEN. HOSP.

47 A.D.2d 522 (1975)

Alfred Delia, Respondent, v. Ramapo General Hospital et al., Defendants, and Joel Mandel, Appellant

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

January 6, 1975

Order reversed, with $20 costs and disbursements, and motion granted.

We view plaintiff's failure to serve his complaint during the 20 months between the demand therefor and defendant's motion to dismiss as constituting inordinate delay under the circumstances herein, and the excuse and affidavit of merits submitted in opposition to the motion as unsatisfactory. Accordingly, it was an improvident exercise of discretion to deny the motion (Wade v. Miele,

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