VERRE v. ROSAS


47 N.Y.2d 795 (1979)

Louis V. Verre et al., Appellants, v. Jose Rosas, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1979.


Attorney(s) appearing for the Case

Walter G. Evans and Eugene Guarneri for appellants.

Francis J. Donovan for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in a memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Although plaintiffs satisfied the requirement that an affidavit of merit be submitted on an application to be relieved of their default, they offer no valid legal excuse for their delay. A summons was served just one week before the expiration of the three-year Statute of Limitations. Three and one-half months later defendants served a demand for a complaint. Plaintiffs ignored...

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