Brady v. Reynolds Printasign Co.

OPINION OF THE COURT

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…