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Barton v. County of Monroe

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 28, 1983
92 A.D.2d 746 (N.Y. App. Div. 1983)

Opinion

February 28, 1983

Appeal from the Supreme Court, Monroe County, Curran, J.

Present — Hancock, Jr., J.P., Doerr, Denman, Boomer and Schnepp, JJ.


Order unanimously reversed, without costs, motion granted, and action dismissed. Memorandum: Plaintiff has failed to show a meritorious cause of action and a justifiable excuse for the delay in serving his complaint; therefore, the action must be dismissed. The affidavit of plaintiff's attorney, who lacked personal knowledge of the facts, was insufficient to establish a meritorious cause of action ( Barasch v. Micucci, 49 N.Y.2d 594, 600).


Summaries of

Barton v. County of Monroe

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 28, 1983
92 A.D.2d 746 (N.Y. App. Div. 1983)
Case details for

Barton v. County of Monroe

Case Details

Full title:OLLIE J. BARTON, Respondent, v. COUNTY OF MONROE, Appellant

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

Date published: Feb 28, 1983

Citations

92 A.D.2d 746 (N.Y. App. Div. 1983)

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