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DONNELLY v. PEPICELLI

90 A.D.2d 955 (1982)

Glenn A. Donnelly, Individually and Doing Business as D.I.R.T. of New York, Respondent, v. Justin P. Pepicelli, Appellant

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

November 9, 1982

Order reversed, with costs, and motion granted.

Memorandum:

Special Term granted defendant's motion to dismiss the action for failure to serve a complaint unless plaintiff served a complaint within 20 days of its order. In making the order conditional, it abused its discretion (see Saraceno v Piscopo, 16 A.D.2d 735). Plaintiff's moving papers contain no competent evidence of merit to the action and his excuse, that...

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