Gamiel v. Sulivan & Liapakis, P. C.

Orders, Supreme Court, New York County (Diane Lebedeff, J.), both entered February 6, 1998, which, in an action for legal malpractice, denied plaintiffs motion for a default judgment and for 22 NYCRR part 130 sanctions, and granted defendant’s cross motion to serve an amended answer, unanimously affirmed, without costs.

Defendant’s default in serving an answer was properly excused where, at the outset, defendant advised plaintiff that it was having difficulty locating its file in the underlying medical malpractice action, which had concluded almost a year and a half earlier (Gamiel v…