Hayes v. Burke

— Appeals (1) from an order of the Supreme Court at Special Term (Ford, J.), entered February 2, 1981 in Montgomery County, which denied plaintiffs’ motion for leave to serve a complaint upon defendant Burke and dismissed the action as to him, and (2) from an order of said court, entered November 24,1981 in Montgomery County, which denied plaintiffs’ motion for reargument and renewal. The critical issue to be resolved on these appeals is whether the conduct of plaintiffs’ attorneys in this case constitutes “law office failure” within the contemplation of Barasch v Micucci (49 NY2d 594). The…