Village of Attica v. Nutty

Order unanimously reversed in the exercise of discretion without costs, motion granted and judgment reinstated. Memorandum: Respondents should be relieved of their abandonment under 22 NYCRR 202.48 because they demonstrated good cause for their failure to comply therewith. Respondents, who proceeded on a pro se basis, were not aware of the rule. Additionally, certain correspondence between the Village Attorney and the attorney for the claimant in a consolidated action misled respondents into believing that further guidance from the court was necessary before a final judgment could be entered.…