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LAS PALMERAS DE OSSINING RESTAURANT, INC. v. MIDWAY CENTER CORPORATION

2011-08196, (Index No. 17824/09).

107 A.D.3d 853 (2013)

968 N.Y.S.2d 118

2013 NY Slip Op 4579

LAS PALMERAS DE OSSINING RESTAURANT, INC., Respondent, v. MIDWAY CENTER CORPORATION, Appellant.

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

Decided June 19, 2013.

Ordered that the order is affirmed insofar as appealed from, with costs.

To vacate the dismissal of the action pursuant to CPLR 3216, the plaintiff was required to demonstrate a justifiable excuse for its failure to timely file a note of issue in response to a valid 90-day notice contained in a certification order issued by the Supreme Court, as well as a potentially meritorious cause of action (see CPLR 3216;

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