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FREER v. BLACK

175 A.D.2d 577 (1991)

Hazel M. Freer, as Administratrix of The Estate of Jean M. Deininger, Deceased, Respondent, v. Jeffrey S. Black, Appellant, et al., Defendant

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

July 12, 1991

Order unanimously reversed on the law with costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court abused its discretion in denying defendant Black's motion to dismiss plaintiff's complaint for lack of prosecution pursuant to CPLR 3216. In opposition to Black's motion to dismiss, plaintiff failed to show that she has a meritorious cause of action. She submitted an attorney's affidavit containing only conclusory allegations and that affidavit...

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