ROWELL v. JOYCE


304 A.D.2d 639 (2003)

757 N.Y.S.2d 496

PETER ROWELL et al., Respondents, v. FREDERIC JOYCE et al., Appellants.

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

Decided April 14, 2003.


Ordered that the order is affirmed, with costs.

Based upon the sufficiency of the plaintiffs' affidavit of merit, the absence of any intent to abandon the action, the fact that the delay in serving the complaint was neither willful nor protracted and that the defendants have not been prejudiced thereby, as well as the strong public policy of resolving cases on the merits, we find that the Supreme Court providently exercised its discretion in granting the plaintiffs...

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