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FEIGE v. JOEL

28 A.D.3d 594 (2006)

812 N.Y.S.2d 366

BAIS YOEL OHEL FEIGE et al., Appellants, v. CONGREGATION YETEV LEV D'SATMAR OF KIRYAS JOEL, Respondent.

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

April 18, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is reinstated.

Under the circumstances of this case, including, inter alia, the absence of any evidence of willfulness by the plaintiffs, the lack of prejudice to the defendants, the existence of a possible meritorious cause of action, and the public policy in favor of resolving cases on the merits, the Supreme Court should...

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