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DeLISA v. PETTINATO

189 A.D.2d 988 (1993)

Richard J. Delisa, Respondent, v. John C. Pettinato, Appellant, et al., Defendants

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

January 7, 1993

Weiss, P. J.

Plaintiff's failure to timely comply with defendant's CPLR 3216 90-day demand resulted in the instant motion to dismiss the complaint for failure to prosecute by defendant John C. Pettinato. To avoid dismissal plaintiff was required to demonstrate a justifiable excuse for his delay in complying with the demand and, in addition, to show that his cause of action had legal merit (see, Mason v Simmons, 139 A.D.2d...

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