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CATALDO v. BUGLASS

51 A.D.2d 717 (1976)

Anthony B. Cataldo, Appellant, v. Leslie J. Buglass, Individually and as a Member of the Executive Committee of The Association of Average Adjusters of the United States, et al., Respondents

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

February 2, 1976

Judgment affirmed, with one bill of $50 costs and disbursements to respondents appearing separately and filing separate briefs.

Plaintiff did not show a justifiable excuse for the delay in prosecution and a good and meritorious cause of action, as required by CPLR 3216 (see Brender v Berman, 37 A.D.2d 835). Issue was joined in 1969; summary judgment was granted in favor of the defendant association and certain of

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