TASCARELLA v. CITY OF LONG BEACH


80 A.D.2d 831 (1981)

Anthony Tascarella et al., Respondents-Appellants, v. City of Long Beach et al., Appellants-Respondents

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

March 2, 1981


Order modified, on the law, by deleting therefrom the provision denying the defendants' motion and substituting therefor a provision granting the motion and dismissing the complaint. As so modified, order affirmed, with $50 costs and disbursements to the defendants.

Special Term properly concluded that no acceptable excuse was offered with respect to the delay in complying with the demand for the complaint. Accordingly, the action should have been dismissed (see ...

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