ACIARES v. RAGIONE


177 A.D.2d 448 (1991)

Juan Aciares, Appellant, v. Angel Dalla Ragione et al., Respondents

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

November 26, 1991


By order entered on or about April 24, 1986, plaintiff's complaint in this action was dismissed without prejudice to plaintiff's right to seek leave to serve an amended complaint. Based upon plaintiff's failure to serve any amended complaint, defendants moved for a final dismissal of the action, which was granted on default, judgment upon which was entered on or about March 13, 1990. The Court's rejection of counsel's excuse for the default was not an abuse of discretion...

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