Legal Opinion
Rodriguez v. Hercules Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 1996PublishedCited by 8 opinions
1Opinion of the Court
Plaintiff attributes the delay to law office failure, which is rarely an acceptable excuse for a failure to seek more expeditiously to vacate a CPLR 3404 dismissal (Robinson v New York Tr. Auth., 203 AD2d 351; see, Hoenig v Stetefeldt, 127 AD2d 632), and is not an acceptable excuse here. Plaintiff’s attorney claims that the outside counsel who covered his appearance at the June 1992 pretrial conference never effectively communicated to him that the case was at that time marked off the calendar pending receipt of the Special Referee’s report on the Statute of Limitations issue, but instead of…
2Cases cited5 opinions
- Robinson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Todd Co. v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1992
- Syndicate Building Corp. v. LorberAppellate Division of the Supreme Court of the State of New York · 1993
- Hoenig v. StetefeldtAppellate Division of the Supreme Court of the State of New York · 1987
- CCS Communication Control, Inc. v. PatentAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by8 opinions
- Fico v. Health Insurance Plan of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Rudy v. ChaskyAppellate Division of the Supreme Court of the State of New York · 1999
- Muhammed v. Manhattan Payment Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Lafata v. 712 Fifth Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
- Okun v. TannersAppellate Division of the Supreme Court of the State of New York · 2008
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