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Frank A. Buono v. U.S.A

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eBook details

  • Title: Frank A. Buono v. U.S.A
  • Author : Supreme Court of New York
  • Release Date : January 15, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

[175 A.D.2d 196 Page 197] DECISION & ORDER Since the plaintiff did not oppose or even appear on the motions to dismiss his action for failure
to serve a complaint pursuant to the defendants' demands (see, CPLR 3012[b]), he neither provided an excuse for his delay
nor addressed the merits of his case. It was thus error as a matter of law to grant the motions conditionally (see, Kel Mgt.
Corp. v Rogers & Wells, 64 N.Y.2d 904; Stolowitz v Mount Sinai Hosp., 60 N.Y.2d 685; Jones v TSS Seedman's Inc., 131
A.D.2d 728).


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