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WINFRED JONES, Respondent, v. TSS SEEDMAN'S INC., et al., Appellants.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' motion to dismiss the action is granted unconditionally.

We have no occasion to address whether the plaintiff was justified in failing to serve a complaint pursuant to a demand served over 18 months prior to the motion to dismiss (see, CPLR 3012 [b]). In response to the motion, the plaintiff submitted only the affirmation of her attorney (cf., CPLR 3012 [d]), who made no reference to the merits or to the nature of the plaintiff's case (cf., Mufalli v Ford Motor Co., 105 A.D.2d 642). Because of this deficiency, it was error as a matter of law not to grant the motion unconditionally (see, Kel Mgt. Corp. v Rogers Wells, 64 N.Y.2d 904; Stolowitz v Mt. Sinai Hosp., 60 N.Y.2d 685). Mangano, J.P., Niehoff, Spatt and Harwood, JJ., concur.

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JONES v. TSS SEEDMAN'S INC
(Jun 22, 1987)