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LISOJO v. PHILLIP

188 A.D.2d 369 (1992)

Mariano Lisojo, Respondent, v. D'Avilar Phillip et al., Defendants, and Pritchard Industries, Inc., Appellant

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

December 10, 1992

Consonant with the spirit and purpose of CPLR 3012 (d), the IAS Court properly excused plaintiff's failure to serve a complaint in response to a demand therefor in the absence of any prejudice to movant (Talley v Montefiore Hosp., 167 A.D.2d 231). The verified complaint satisfies the requirement that an affidavit of merit must be submitted in opposition to a motion to dismiss for failing to answer a demand for a complaint (see...

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