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KELLER v. FINNERTY

78 A.D.2d 635 (1980)

Joan S. Keller, as Administratrix of The Estate of Robert M. Krinner, Deceased, Respondent, v. Thomas J. Finnerty et al., Appellants

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

October 6, 1980

Order reversed, on the law, with one bill of $50 costs and disbursements payable jointly to defendants appearing separately and filing separate briefs, and plaintiff's motion is denied.

It was an improvident exercise of discretion to vacate the automatic dismissal which had been entered pursuant to CPLR 3404. Plaintiff failed to make the requisite showing of facts sufficient to excuse her delay in prosecution. After the case...

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