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SAVINO v. GUIDO

81 A.D.2d 860 (1981)

Lillian Savino, Respondent, v. Vincent Guido, Appellant. (And a Third-Party Action.)

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

May 11, 1981

Order reversed, on the law, without costs or disbursements, motion granted, and complaint dismissed.

A party opposing a motion pursuant to CPLR 3216 to dismiss an action must include, inter alia, an affidavit of merits (see Keating v Smith, 20 A.D.2d 141; Sortino v Fisher, 20 A.D.2d 25). Plaintiff's failure to include such an affidavit among her papers necessitates the granting...

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