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GEAR UP, INC. v. CITY OF NEW YORK

1462, 158312/13.

140 A.D.3d 515 (2016)

34 N.Y.S.3d 17

2016 NY Slip Op 04792

GEAR UP, INC., Also Known as GEAR UP FOUNDATION, et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and VILLAGE VOICE, LLC, Appellant.

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

Decided June 16, 2016.

Plaintiffs failed to demonstrate either a reasonable excuse for not serving the complaint or a meritorious claim in support of their motion for an extension of time to serve it (CPLR 3012 [d]; see Talley v Montefiore Hosp., 167 A.D.2d 231 [1st Dept 1990]).

The complaint that plaintiffs annexed to their cross motion fails to suffice as an affidavit of merit since it does not contain "evidentiary facts sufficient to establish...

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