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KNIGHT v. PIPER

88 A.D.2d 789 (1982)

Albert Knight, Respondent, v. Preston Piper, Appellant

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

May 21, 1982

Order unanimously reversed and motion denied, without costs.

Memorandum:

Plaintiff has failed to show any reasonable excuse for the failure to serve and file a note of issue and Special Term abused its discretion when it vacated its order of dismissal, granted reargument of defendant's motion to dismiss and gave plaintiff 20 days to file a note of issue (see Barasch v Micucci, 49 N.Y.2d 594

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