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BARCELONA v. ALLIS-CHALMERS DISTRIBUTION SERV. CORP.

89 A.D.2d 841 (1982)

Frank Barcelona et al., Plaintiffs, and Matteo Falcone et al., Respondents, v. Allis-Chalmers Distribution Service Corp. et al., Defendants, and Rayno Distributors, Inc., Appellant. (And a Third-Party Action.) Falcone Dairy Products, Inc., Respondent, v. American Handling Equipment, Inc., et al., Defendants, and Rayno Distributors, Inc., Appellant

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

August 2, 1982

Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and the complaints of the aforesaid plaintiffs are dismissed as against defendant Rayno Distributors, Inc.

The failure to provide an affidavit of merits or a reasonable excuse for the delay requires that the complaints be dismissed as against the plaintiffs concerned (see Fichera v City of New York, 79 A.D.2d 597; Wing v Chammas...

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