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SARLES v. VILL. OF TARRYTOWN

245 A.D.2d 440 (1997)

666 N.Y.S.2d 468

Doris Sarles, as Administrator of The Estate of Arthur W. Sarles, Deceased, Appellant, v. Village of Tarrytown et al., Respondents

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

December 15, 1997

Ordered that the order is affirmed, with costs.

The plaintiff failed to respond to the defendants' demands for a complaint pursuant to CPLR 3012 (b) until the instant motions were made over eight months later. The plaintiff's excuse for her default was a conclusory assertion of law office failure. She failed to submit an affidavit of merit. Under the circumstances dismissal of the action was warranted (see, Kel Mgt. Corp. v Rogers & Wells,

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