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BUONO v. MAKITA U.S.A., INC.

175 A.D.2d 196 (1991)

Frank A. Buono, Respondent, v. Makita U.S.A., Inc., et al., Appellants

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

July 15, 1991

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the defendants' motions to dismiss the action are granted unconditionally.

Since the plaintiff did not oppose or even appear on the motions to dismiss his action for failure to serve a complaint pursuant to the defendants' demands (see, CPLR 3012 [b]), he neither provided an excuse for his delay nor addressed the merits...

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