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BRADY & CO. v. CITY OF NY

104 Misc.2d 773 (1980)

John T. Brady & Co., Inc., Plaintiff, v. City of New York, Defendant.

Supreme Court, Trial Term, New York County.

June 10, 1980.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Stephen M. Loeb of counsel), for defendant. M. Carl Levine, Morgulas & Foreman (Jerrold Morgulas of counsel), for plaintiff.

BENTLEY KASSAL, J.

ISSUE

Does the recent "Financial Emergency" encountered by the City of New York constitute a sufficient legal excuse for a three-year default by the Corporation Counsel in asserting a claimed affirmative defense to a pending proceeding or is it simply "law office failure"?

FACTS

In April, 1967, the defendant, the City of New York (City) awarded the plaintiff, John...

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