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ROGELIO MUNOZ v. EDUARDO CASTRO (02/20/69)

February 20, 1969

ROGELIO MUNOZ, RESPONDENT,
v.
EDUARDO CASTRO, APPELLANT



Concur -- Stevens, P. J., Eager, Markewich, Nunez and Steuer, JJ.

Plaintiff has failed to show any justification for the delay of almost three years after service of the summons without a complaint, nor has any merit been shown. For these reasons unconditional dismissal is the only proper disposition. (See Powell v. Becker Truck Renting Corp., 20 A.D.2d 573, and cases therein cited.)

Disposition

Order entered July 18, 1968, unanimously modified on the law and the facts and in the exercise of discretion and the motion to dismiss the action for failure to serve a complaint granted unconditionally, with $30 costs and disbursements to appellant.

19690220

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