AALBUE v. FLAHERTY


202 A.D.2d 381 (1994)

608 N.Y.S.2d 514

Richard Aalbue et al., Appellants, v. Bob Flaherty et al., Respondents

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

March 7, 1994


Ordered that the order is affirmed, with costs.

The plaintiff submitted no affidavit of merit in opposition to the motions by the defendants to dismiss pursuant to CPLR 3216 for failure to timely file a note of issue. Dismissal of the complaint was therefore warranted (see, CPLR 3216 [e]; Sortino v Fisher, 20 A.D.2d 25). Dismissal of the complaint insofar as asserted against the defendants Bob Flaherty and Bob Flaherty...

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