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MONAHAN v. FIORE

71 A.D.2d 914 (1979)

Deborah C. Monahan, an Infant, by Her Parent and Natural Guardian, Vincent Monahan, et al., Respondents, v. Fabian J. Fiore, Appellant, et al., Defendants

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

August 20, 1979

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

In our opinion, plaintiffs failed to make the requisite showing of facts sufficient to excuse their delay in prosecution and to establish a meritorious cause of action (see Casamassina v Sutton Assoc., 54 A.D.2d 682). The record reveals that the accident occurred on March 8, 1971, the action was commenced in May, 1972, issue was joined during the...

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