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LOPEZ v. PLATNICK

177 A.D.2d 687 (1991)

Sammy Lopez, Appellant, v. Bruce Platnick, Respondent

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

November 25, 1991

Ordered that the order is affirmed, with costs.

In order to successfully oppose the motion by the defendant to dismiss the complaint for failure to prosecute, the plaintiff was required to show an acceptable excuse for his default in responding to a 90-day notice served pursuant to CPLR 3216 and that he possessed a meritorious cause of action (see, Bush v Hayward, 156 A.D.2d 899...

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