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MILLER v. ROTHMAN

127 A.D.2d 826 (1987)

Alan M. Miller, Appellant, v. Jessel Rothman, P. C., and/or Jessel Rothman, Respondent

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

February 23, 1987

Ordered that the order is affirmed, with costs.

The plaintiff has failed to demonstrate that he has a meritorious cause of action, a prerequisite to restoration of an action to the Trial Calendar (CPLR 3404; see, e.g., Sheehan v Hollywood, 112 A.D.2d 211; Monacelli v Board of Educ., 92 A.D.2d 930). The plaintiff's affidavit merely sets forth the conclusory statement that he...

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