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JAMAICA BUSES, INC. v. CONNOR

78 A.D.2d 540 (1980)

Jamaica Buses, Inc., Respondent, v. Frank Connor et al., Appellants, et al., Defendants

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

September 22, 1980

Order reversed, on the law, with $50 costs and disbursements, appellants' motion granted and action dismissed.

Plaintiff has failed to satisfy its burden of showing that the delay in the prosecution of its action is excusable and that its claim is meritorious (see Barasch v Micucci, 49 N.Y.2d 594). Furthermore, the acceptance of plaintiff's complaint when served in accordance with the order herein appealed from did not constitute...

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