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SCOGLIO v. SCOGLIO

253 A.D.2d 520 (1998)

676 N.Y.S.2d 884

Dana M. Scoglio, an Infant, by Her Mother and Natural Guardian, Virginia Deguardi, et al., Respondents, v. John Scoglio, Appellant, et al., Defendant

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

August 24, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute because discovery was not complete. Moreover, the plaintiffs correctly contend that they had a justifiable excuse for their failure to file a note of issue, because discovery was not complete (see...

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