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NOVO v. ROTH

4 A.D.3d 230 (2004)

771 N.Y.S.2d 659

GEORGE NOVO et al., Appellants, v. WILLIAM H. ROTH et al., Respondents.

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

February 24, 2004.

Plaintiffs have failed to offer a reasonable excuse for not complying with the court's 90-day notice to file a note of issue. Counsel's absence from his office during the week the note was due does not explain why someone else could not have done the filing, or why it was not simply filed sooner (see Gayle v Parker, 300 A.D.2d 145 [2002]).

In any event, plaintiffs have failed to demonstrate merit to their cause. Although...

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