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CHRISTIANO v. SOLOVIEFF REALTY CO., L.L.C.

62 A.D.3d 535 (2009)

878 N.Y.S.2d 620

CHARLES CHRISTIANO et al., Respondents, v. SOLOVIEFF REALTY CO., L.L.C., et al., Appellants, et al. Defendant. McCLIER CORPORATION, Third-Party Plaintiff-Appellant, v. THEODORE WILLIAMS CONSTRUCTION COMPANY, Third-Party Defendant-Appellant. SOLOVIEFF REALTY CO., L.L.C., Second Third-Party Plaintiff-Appellant, v. BANK OF AMERICA CORP., Second Third-Party Defendant-Appellant.

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

Decided May 19, 2009.

Plaintiffs failed to meet the criteria for vacating an automatic dismissal pursuant to CPLR 3404 (see Aguilar v Djonvic, 282 A.D.2d 366 [2001]). Their affidavit of merit was conclusory, they offered no reasonable explanation for their failure to proceed with discovery for nearly two years, they failed even to address the issue of prejudice to defendants, and their lack of activity between the time the case was struck from the calendar...

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