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STAZIO v. CITY OF POUGHKEEPSIE

191 A.D.2d 421 (1993)

596 N.Y.S.2d 695

Richard Stazio, Jr., Appellant, v. City of Poughkeepsie, Respondent

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

March 1, 1993

Ordered that the judgment is affirmed, with costs.

Since the plaintiff failed to file a note of issue within 90 days following the defendant's demand, failed to move for an extension of time pursuant to CPLR 2004, and failed to demonstrate a justifiable excuse for his delay or a good and meritorious cause of action, the court did not err in granting the defendant's motion to dismiss the complaint for failure to prosecute...

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