Morales v. Berk Trade School

Counsel’s explanation for the inordinate delay, even in the face of two preclusion orders, amounted to “law office failure”, which this court has repeatedly held does not excuse such defaults as occurred here. He did not comply with the previous orders of the court “simply because of various clerical errors in your affirmant’s office regarding this particular file * * * the motion papers which led to these court orders were never seen by your affirmant and were evidently misplaced or mislaid, or were just buried in this voluminous file on this case.” Plaintiff must show exceptional…