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Brady v. Reynolds Printasign Company

Court of Appeals of the State of New York
Jul 5, 1983
59 N.Y.2d 979 (N.Y. 1983)

Opinion

Decided July 5, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRANCIS N. PECORA, J.

Remo J. Acito and Elinore B. Klein for appellant.

Robert H. Fischler for respondents.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division so that it may reconsider the matter and may exercise its own discretion.

The Appellate Division erred in holding, as a matter of law because the only excuse tendered by plaintiff constituted law office failure, that Special Term had abused its discretion in granting plaintiff's motion to vacate defendants' 90-day demand (CPLR 3216) and denying defendants' motion to dismiss the complaint for plaintiff's failure to serve a note of issue in response to that demand ( Miskiewicz v Hartley Rest. Corp., 58 N.Y.2d 963).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and case remitted to the Appellate Division, First Department, for further proceedings in accordance with the memorandum herein.


Summaries of

Brady v. Reynolds Printasign Company

Court of Appeals of the State of New York
Jul 5, 1983
59 N.Y.2d 979 (N.Y. 1983)
Case details for

Brady v. Reynolds Printasign Company

Case Details

Full title:FRANCES BRADY, as Administratrix of the Estate of ROBERT BRADY, Deceased…

Court:Court of Appeals of the State of New York

Date published: Jul 5, 1983

Citations

59 N.Y.2d 979 (N.Y. 1983)
466 N.Y.S.2d 659
453 N.E.2d 1076

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