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DORGAN v. DUNDA

165 A.D.2d 949 (1990)

Ella M. Dorgan et al., Respondents, v. James G. Dunda et al., Appellants, et al., Defendant

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

September 20, 1990

Supreme Court properly denied the motion to dismiss the action due to plaintiffs' failure to timely serve the complaint. Plaintiffs have offered both a satisfactory excuse for the delay and an adequate affidavit of merit (cf., Dattoria v Dattoria, 161 A.D.2d 1009). An affidavit by the physician for plaintiffs' counsel detailed the health problems which had caused the delay by counsel in serving the complaint. Therefore, since...

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