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GIGLIO v. JACOBSON

154 A.D.2d 437 (1989)

Frank Giglio et al., Respondents, v. Sheldon M. Jacobson, Appellant

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

October 10, 1989

Ordered that the order is affirmed, with costs.

We find that the Supreme Court properly exercised its discretion by granting the plaintiffs' motion pursuant to CPLR 5015 to vacate the dismissal of the action and to restore the matter to the Trial Calendar. The plaintiffs submitted a reasonable explanation for their conduct which led to the dismissal of the action and an affidavit of merit from a dentist establishing the existence of a meritorious claim (cf.

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