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LORENA YEPEZ et al., Appellants, v. JOHN DAMICO, Respondent.

Ordered that the order is affirmed, with costs.

The plaintiffs offered no evidence that they complied with the demands for authorizations contained in a preliminary conference order, no reasonable excuse for their failure to respond to the motion to dismiss, and no excuse for the lengthy delay in bringing the present motion (see, CPLR 5015[a][1]; Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831; Habacht v Caroccia, 133 A.D.2d 338; Association for Children with Learning Disabilities v. Zafar, 115 A.D.2d 580; La Buda v. Brookhaven Mem. Hosp. Med. Ctr., 98 A.D.2d 711). Furthermore, the plaintiffs' purported affidavits of merit, which contain only conclusory assertions, are inadequate to show that their claim has merit (see, Terranova v. Gallagher Truck Ctr., 121 A.D.2d 621).

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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YEPEZ v. DAMICO
(May 12, 1997)