DE LEO v. BERTUCCI


98 A.D.2d 708 (1983)

Joseph De Leo, Respondent, v. Peter N. Bertucci, Appellant

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

December 5, 1983


Order affirmed, without costs or disbursements.

While recent amendments to the CPLR have empowered the courts to exercise their discretion to excuse defaults resulting from law office failure (CPLR 2005, 3012; L 1983, ch 318), the amendments by no means guarantee that a default will be excused in all cases. On this record, defendant's conduct demonstrated a lengthy and deliberate pattern of delay which was without explanation. Since defendant was an attorney appearing...

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