MYERS v. CITY OF NEW YORK


68 A.D.2d 905 (1979)

Patrick J. Myers et al., Appellants, v. City of New York et al., Respondents

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

March 12, 1979


Appeal from order dated August 8, 1978 dismissed, without costs or disbursements. No appeal lies from an order denying reargument. Order dated April 20, 1978 affirmed insofar as appealed from, without costs or disbursements.

Plaintiffs' failure to serve a complaint for 32 months after defendants' demand therefor, their reliance upon the unacceptable excuse of attorney neglect, and their additional failure to provide an affidavit of merit to establish factually meritorious...

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