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ANDERSON v. SMITH

191 A.D.2d 196 (1993)

595 N.Y.S.2d 674

Lorraine Anderson et al., Appellants, v. James W. Smith, Respondent. (Action No. 1.) Lorraine Anderson et al., Respondents, v. James W. Smith, Appellant. (Action No. 2.)

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

March 4, 1993

The IAS Court properly entertained the motion to dismiss, since the only proof of service filed with the County Clerk shows that the motion was made after the 90-day period of CPLR 3216 had passed. As for the merits of the motion, under the circumstances, plaintiffs, then pro se, set forth reasonable excuses for their failure to timely file the note of issue and to obtain a physician's affidavit; it is noted that soon after...

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