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KUBICK v. BALLBACK

231 A.D.2d 684 (1996)

647 N.Y.S.2d 982

Marie Kubick, Respondent, v. John Ballback et al., Appellants

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

September 30, 1996

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed pursuant to CPLR 3215 (c).

The affidavit submitted by the plaintiff in opposition to the defendants' motion failed even to address the issue of the merits of the claim, let alone establish that the claim was in fact a meritorious one (see, Manago v Giorlando, 143 A.D.2d 646

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