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PALOMINI v. PUGLISI

2011-02192.

91 A.D.3d 736 (2012)

936 N.Y.S.2d 568

2012 NY Slip Op 345

JANIQUE PALOMINI, Respondent, v. EILEEN PUGLISI et al., Appellants, et al., Defendant.

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

Decided January 17, 2012.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellants' motion pursuant to CPLR 3216 to dismiss the complaint as the plaintiff demonstrated a justifiable excuse for her delay in filing a note of issue, as well as the existence of a potentially meritorious cause of action (see Baczkowski v Collins Constr. Co., 89 N.Y.2d 499, 503 [1997]; Kadyimov v...

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