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GARCIA v. DEL PACIFICO

299 A.D.2d 188 (2002)

749 N.Y.S.2d 867

JUAN O. GARCIA et al., Appellants, v. NAVIERA DEL PACIFICO et al., Respondents.

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

Decided November 12, 2002.

The action was properly dismissed for failure to file a note of issue within 90 days of defendants' CPLR 3216 demand, made in June 1997, or to show a reasonable excuse for the extensive delays in prosecuting the action both before and after such demand (see Baczkowski v Collins Constr. Co., 89 N.Y.2d 499, 503). Further, the IAS court properly held that plaintiffs' affidavit of merit lacked the necessary...

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