FITZGERALD v. PATZ CO.


92 A.D.2d 456 (1983)

Robert Fitzgerald, Respondent, v. Patz Company et al., Appellants, et al., Defendants

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

February 1, 1983


The issue on appeal in this products liability action is whether there is a legally sufficient excuse for the manufacturer defendants' failure timely to answer the complaint, or whether the delay was caused by inexcusable law office failure under the rule of Barasch v Micucci (49 N.Y.2d 594), and Eaton v Equitable Life Assur. Soc. of U. S. (56 N.Y.2d 900). We hold that there was a legally...

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