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MORENO v. SHELL OIL CO.

67 A.D.2d 905 (1979)

Felix Moreno et al., Respondents, v. Shell Oil Co., Appellant, et al., Defendant

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

February 5, 1979

Order reversed, on the law, without costs or disbursements, motion granted, and cross motion denied.

The existence of a meritorious cause of action is insufficient to overcome the plaintiffs' failure to serve a complaint upon the appellant until 33 months after receipt of its demand for same, in the absence of any excuse for such delay. The absence of demonstrated prejudice to the appellant, and the absence of demonstrable...

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