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CITY OF NEW YORK v. INGBER

80 A.D.2d 773 (1981)

City of New York, Respondent, v. Joseph H. Ingber, Appellant, et al., Defendant

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

March 10, 1981

For plaintiff's failure to serve a complaint for over three years after it was demanded the plaintiff offers the excuse that the staff and budget of its corporation counsel's office were not adequate to its needs, compounded as they were by the financial crisis that beset the city in the mid-1970's. This must be deemed a "law office failure" and it cannot serve to defeat a motion to dismiss under CPLR 3012 (subd [b]) (Barasch v Micucci, 49 N.Y.2d 594...

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