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M & W REGISTRY, INC. v. SHAH

61 A.D.3d 726 (2009)

876 N.Y.S.2d 650

M & W REGISTRY, INC., Respondent, v. DARSHAN SHAH, Appellant, et al., Defendants.

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

Decided April 14, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant failed to demonstrate that dismissal of the amended complaint was appropriate pursuant to CPLR 3126 (cf. CPLR 3126 [3]; Sisca v City of Yonkers, N.Y., 24 A.D.3d 531, 532 [2005]; DeCintio v Ahmed, 276 A.D.2d 463, 464 [2000]), or CPLR 3216 (cf. CPLR 3216 [b] [3]; [e]). Accordingly,...

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