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MARRO v. BOWLER

170 A.D.2d 947 (1991)

John A. Marro, Sr., Appellant, v. Gary Bowler et al., Respondents

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

February 1, 1991

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed plaintiff's complaint pursuant to CPLR 3216. Plaintiff failed to tender evidentiary facts demonstrating that he has a meritorious cause of action (see, Alise v Colapietro, 119 A.D.2d 921; MacLeod v Nolte, 106 A.D.2d 860) and to provide a reasonable excuse for his failure to comply...

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