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ELBAZ v. LIEB

269 A.D.2d 489 (2000)

704 N.Y.S.2d 499

HENRY ELBAZ, Respondent, v. HOWARD LIEB et al., Appellants.

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

Decided February 22, 2000.

Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the action is dismissed.

The Supreme Court improvidently exercised its discretion in denying the defendants' motion pursuant to CPLR 3012 (b) to dismiss the action on the ground that the plaintiff failed to timely serve a complaint. The plaintiff failed to submit an affidavit of merit by an expert (see, Culley v Morrison, 247 A.D.2d 356

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