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ROSANO v. COUNTY OF NASSAU

208 A.D.2d 704 (1994)

617 N.Y.S.2d 789

Lawrence R. Rosano, Respondent, v. County of Nassau et al., Appellants

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

October 17, 1994

Ordered that the order is reversed, on the law, with costs, the defendants' motion is unconditionally granted, and the complaint is dismissed.

The plaintiff has failed to demonstrate a reasonable excuse for the delay in serving the complaint and to submit a proper affidavit of merits. His complaint should have been unconditionally dismissed pursuant to CPLR 3012 (b) (see, Kel Mgt. Corp. v Roger & Wells...

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