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EDELSTEIN v. FRIEDLANDER

167 A.D.2d 500 (1990)

Florence Edelstein et al., Respondents, v. David Friedlander et al., Appellants

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

November 26, 1990

Ordered that the order is affirmed, with costs.

Under the circumstances of this case the trial court properly exercised its discretion in denying the motion to dismiss the complaint for failure to prosecute. The extent of delay was minimal, there existed a justifiable excuse for the delay, and a sufficient affidavit of merit was provided. Moreover, the defendants have failed to allege prejudice and there is no evidence that...

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