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MANSFIELD CONTRACTING CORP. v. PRASSAS

183 A.D.2d 878 (1992)

Mansfield Contracting Corp. et al., Respondents, v. Phillip E. Prassas, Defendant, and RTS Construction Corp., Appellant. George E. Prassas, as Administrator of The Estate of Phillip E. Prassas, Deceased, Nonparty Appellant

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

May 26, 1992

Ordered that the order is affirmed, without costs or disbursements.

In light of the five-year period of inactivity in this case between the appointment of the appellant George E. Prassas as the administrator of his late brother's estate and the instant motion seeking his substitution in this action, the insufficiency of the excuse proffered for the delay, the absence of any affidavit of merit, and the fact that the plaintiffs...

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