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GEISE v. WETHERILL

238 A.D.2d 952 (1997)

661 N.Y.S.2d 559

William B. Geise, Jr., as Administrator of The Estate of Olga E. Geise, Deceased, Respondent, v. Frederick E. Wetherill et al., Appellants

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

April 25, 1997

Order unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed.

Memorandum:

In response to the demand of defendants pursuant to CPLR 3216, plaintiff neither filed a note of issue nor moved to vacate the 90-day demand or to extend the time within which to file a note of issue. Consequently, to avoid dismissal, it was necessary for plaintiff to demonstrate a justifiable excuse for the delay and a

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