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HANTMAN v. GOLDSTRICKER

44 A.D.2d 54 (1974)

Frank Hantman, Appellant, v. Milton H. Goldstricker, Respondent

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

March 21, 1974.

Attorney(s) appearing for the Case

Franklin Miller for appellant.

Vincent J. Zichello of counsel (Hart & Hume, attorneys), for respondent.

MARKEWICH, J. P., NUNEZ, MURPHY, STEUER and CAPOZZOLI, JJ., concur.

Per Curiam.

This appeal presents a unique variation of the difficult problem frequently presented where a party is charged with his attorney's neglect. There are two factors which ameliorate the apparent harshness of dismissal. First, it is generally recognized that neglected cases are almost invariably so treated because of some inherent weakness in the case itself (Sortino v. Fisher, 20 A.D...

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