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WALKER v. TOWN OF LOCKPORT

109 A.D.2d 1102 (1985)

Robert Walker et al., Respondents, v. Town of Lockport et al., Defendants, and Dickinson's Equipment, Inc., et al., Appellants

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

March 1, 1985

Order unanimously reversed, without costs, and appellants' motions to dismiss granted.

Memorandum:

It was an abuse of discretion for Special Term to excuse plaintiffs' failure to comply with defendants' CPLR 3216 demand to file a note of issue. "In order to defeat a CPLR 3216 motion to dismiss for failure to prosecute, a party must show `justifiable excuse for the delay and a good and meritorious cause of action' (CPLR 3216, subd [e]). The affidavit of merit...

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