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Brown v. Rosenfeld

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 460 (N.Y. App. Div. 1996)

Opinion

June 10, 1996

Appeal from the Supreme Court, Queens County (O'Donoghue, J.).


Ordered that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the action is granted.

The plaintiff neither demonstrated a reasonable excuse for his delay in serving the complaint nor submitted a proper affidavit of merits. Therefore, the defendant's motion to dismiss the action should have been granted (see, Redding v. Saunders, 213 A.D.2d 1015; see also, Scott v. George, 222 A.D.2d 1049; Rosano v County of Nassau, 208 A.D.2d 704). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.


Summaries of

Brown v. Rosenfeld

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 460 (N.Y. App. Div. 1996)
Case details for

Brown v. Rosenfeld

Case Details

Full title:KENNETH J. BROWN, Respondent, v. NACHMAN ROSENFELD, Appellant

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

Date published: Jun 10, 1996

Citations

228 A.D.2d 460 (N.Y. App. Div. 1996)
643 N.Y.S.2d 1023

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