GARDNER v. KENNETH D. LAUB & CO., INC.


72 A.D.2d 727 (1979)

Morris H. Gardner, Appellant, v. Kenneth D. Laub & Company, Inc., Respondent

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

November 29, 1979


It appears that plaintiff's default occurred because of his lawyer's erroneous belief that a date fixed for trial was really intended for the continuation of settlement negotiations and his corresponding failure, as a result of that misunderstanding, to be ready for trial or to inform his adversary of his lack of readiness. Considering that the matter had reached the point of trial without any apparent prior default by plaintiff and that the default which then occurred was...

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