HOMBURGER v. GESCHWIND


75 A.D.2d 864 (1980)

Anna Homburger, Respondent, v. Max Geschwind, Appellant

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

May 19, 1980


Order reversed, on the law, without costs or disbursements, defendant's motion to dismiss the action is granted and plaintiff's cross motion is denied.

In opposing defendant's dismissal motion brought pursuant to CPLR 3012 (subd [b]), plaintiff failed to demonstrate a reasonable excuse for the delay and to establish the legal merit of her claim through evidentiary facts attested to by individuals with personal knowledge. Consequently, the denial of defendant's motion...

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