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RAMIREZ v. CITY OF NEW YORK

281 A.D.2d 169 (2001)

721 N.Y.S.2d 508

TERESA RAMIREZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 1, 2001.

Although plaintiff's supporting affidavit adequately demonstrated the merit of her action, she nonetheless failed to satisfy all of the requisites for restoration pursuant to CPLR 3404, since she made no showing of (a) a reasonable excuse for her delay in prosecuting the action; (b) intent not to abandon the action; and (c) absence of prejudice to the opposing parties should this action, which arose in 1987, be restored (see...

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