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KAHN v. SAMSON MGMT. CORP.

44 A.D.2d 571 (1974)

Elias H. Kahn, Respondent, v. Samson Management Corp., Appellant

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

March 11, 1974

Order reversed, in the exercise of discretion, without costs, and motion granted.

To justify his failure to serve a complaint in more than 29 months, plaintiff's counsel offered the familiar "law-office-failure" excuse, which this court has repeatedly rejected as patently insufficient (Felter v. 217 Centre Corp., 38 A.D.2d 840, and cases cited therein). Under these circumstances, we believe Special Term should have granted...

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