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DeMASI v. DINE

155 A.D.2d 583 (1989)

Francis DeMasi, Appellant, v. James B. Dine et al., Respondents. (And a Third Party Action.)

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

November 20, 1989

Ordered that the order is affirmed, with costs.

The plaintiff disregarded the defendants' demand for disclosure and an order of the court directing that disclosure. While there is no requirement that an affidavit of merit be provided by the plaintiff, the failure of the plaintiff to have done so together with his actions herein were properly considered by Justice O'Shaughnessy (see, Wolfson v Nassau County Med. Center, 141 A.D.2d 815...

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