Opinion
January 17, 1952.
Appeal from Supreme Court, Rensselaer County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ. [See ante, pp. 682, 811; post, 957.]
Reargument is allowed and the order of reversal is vacated. Both sides of the question raised by this appeal are now for the first time adequately presented to us. The failure to serve the pleading over a long period is attributed by counsel to his own inadvertence. It is not attributable in any degree to the administratrix. It is the policy of the court to relieve a party for inadvertence of counsel unless prejudice to the other side is shown. The appellants show no such prejudice. Order unanimously affirmed, without costs.