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EATON v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES, INC.

56 N.Y.2d 900 (1982)

Mary Eaton et al., Appellants, v. Equitable Life Assurance Society of the United States, Inc., et al., Defendants, and Marine Midland Bank, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1982.

Attorney(s) appearing for the Case

Douglass J. Seidman and Joan Mangones for appellants.

Walter J. Matt, Jr., and David A. Ferdinand for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES and MEYER concur in memorandum; Judges WACHTLER and FUCHSBERG dissent and vote to affirm in separate dissenting opinions in each of which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, for the reasons stated in the dissenting opinion of Justice DAVID T. GIBBONS in that court (81 A.D.2d 653, 654).

The excuses proffered by respondent amount to nothing more than law office failure, as both courts below recognized. Just as it is an abuse of discretion to accept law office failure as an...

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