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MATTER OF SIMMONS v. McSIMMONS, INC.

261 A.D.2d 547 (1999)

690 N.Y.S.2d 643

In the Matter of HATTIE SIMMONS, Respondent, v. McSIMMONS, INC., et al., Appellants.

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

Decided May 17, 1999.

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

It is well established that in order to defeat a motion to dismiss a pleading for failure to prosecute, the party upon whom a demand to file a note of issue is served must demonstrate a justifiable excuse for the failure to comply with the demand and a meritorious claim (see, CPLR 3216 [e]; Dick v Samaritan Hosp., 115...

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