BRADY v. REYNOLDS PRINTASIGN CO.


59 N.Y.2d 979 (1983)

Frances Brady, as Administratrix of The Estate of Robert Brady, Deceased, Appellant, v. Reynolds Printasign Company et al., Respondents.

Court of Appeals of the State of New York.

Decided July 5, 1983.


Attorney(s) appearing for the Case

Remo J. Acito and Elinore B. Klein for appellant.

Robert H. Fischler for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division so that it may reconsider the matter and may exercise its own discretion.

The Appellate Division erred in holding, as a matter of law because the only excuse tendered by plaintiff constituted law office failure, that Special Term had abused its discretion in granting plaintiff's motion to...

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