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PRZYJEMSKI v. SUROWANIEC

221 A.D.2d 326 (1995)

633 N.Y.S.2d 359

Krystyna Przyjemski et al., Respondents, v. Zbigniew Surowaniec, Appellant

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

November 6, 1995

Ordered that the order is affirmed, with costs.

In light of the strong policy favoring disposition of actions on the merits and the clear intention of the plaintiffs not to abandon the action, the relatively brief delay on their part in properly responding to the 90-day notice does not warrant the drastic remedy of dismissal, especially where, as here, the defendant cannot show prejudice (see, Conner v Brasserie...

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