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NORTHERN SOURCE, LLC v. KOUSOUROS

10142, 650325/08-2350.

106 A.D.3d 571 (2013)

966 N.Y.S.2d 377

2013 NY Slip Op 3607

NORTHERN SOURCE, LLC, Appellant, v. JAMES KOUSOUROS, Respondent.

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

Decided May 21, 2013.

The motion court providently exercised its discretion in finding, pursuant to CPLR 5015 (a) (1), that plaintiff did not provide a reasonable excuse for its failure to timely prosecute this action, and did not demonstrate that it had a meritorious cause of action (see e.g. Carroll v Nostra Realty Corp., 54 A.D.3d 623 [1st Dept 2008], lv dismissed 12 N.Y.3d 792 [2009]; see also Johnson...

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