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L. W. MFG., LTD. v. GENTILE

77 A.D.2d 865 (1980)

L.W. Manufacturing, Ltd., Respondent, v. Filomena Gentile, as Administrator of The Estate of Nicholas L. Gentile, Deceased, et al., Appellants, et al., Defendants

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

August 4, 1980

Orders reversed, on the law, with one bill of $50 costs and disbursements, and motions to vacate denied.

Plaintiff's affidavit of merits is conclusory and lacks sufficient factual basis to substantiate its claim. Furthermore, plaintiff failed to offer a valid excuse for its apparently deliberate default. In the absence of either a showing of merit or a reasonable excuse for the delay, it was error for Special Term to permit...

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