Summary
In Vurdak v Eagle Ins. Co., (200 AD2d 518 [1st Dept 1994]) the Appellate Division, First Department affirmed the lower court's decision excusing a default in responding to the notice to admit due to law office failure because there was no prejudice shown (see also, Alford vProgressive Equity Funding Corp., 144 AD2d 756 [3d Dept 1988]).
Summary of this case from Garber v. StevensOpinion
January 25, 1994
Appeal from the Supreme Court, New York County (Joan B. Lobis, J.).
The court was within its discretion in excusing the default in responding to the notice to admit due to law office failure as there was no prejudice shown.
Concur — Rosenberger, J.P., Wallach, Kupferman, Ross and Tom, JJ.