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ASCENCIO v. RHOADS

38 A.D.2d 514 (1971)

Maria Ascencio, Respondent, v. Alice Rhoads, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 2, 1971

McNally, J., dissents in the following memorandum:

I dissent and vote to reverse. The excuse of plaintiff's attorney that the delay and subsequent dismissal were caused by inadvertence has been repeatedly held by this court to be insufficient as a matter of law. In Mingis v. Daitch Crystal Dairies (32 A.D.2d 746) we said: "The office failures alleged by plaintiff's attorney do not constitute an adequate excuse...

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