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Yepez v. Damico

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1997
239 A.D.2d 412 (N.Y. App. Div. 1997)

Opinion

May 12, 1997

Appeal from the Supreme Court, Queens County (Lonschein, J.).


Ordered that the order is affirmed, with costs.

The plaintiffs offered no evidence that they complied with the demands for authorizations contained in a preliminary conference order, no reasonable excuse for their failure to respond to the motion to dismiss, and no excuse for the lengthy delay in bringing the present motion (see, CPLR 5015[a][1]; Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831; Habacht v Caroccia, 133 A.D.2d 338; Association for Children with Learning Disabilities v. Zafar, 115 A.D.2d 580; La Buda v. Brookhaven Mem. Hosp. Med. Ctr., 98 A.D.2d 711). Furthermore, the plaintiffs' purported affidavits of merit, which contain only conclusory assertions, are inadequate to show that their claim has merit (see, Terranova v. Gallagher Truck Ctr., 121 A.D.2d 621).

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Yepez v. Damico

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1997
239 A.D.2d 412 (N.Y. App. Div. 1997)
Case details for

Yepez v. Damico

Case Details

Full title:LORENA YEPEZ et al., Appellants, v. JOHN DAMICO, Respondent

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

Date published: May 12, 1997

Citations

239 A.D.2d 412 (N.Y. App. Div. 1997)
660 N.Y.S.2d 984

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