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LeCESSE BROS. CONTRACTING, INC. v. ROCHESTER GAS & ELEC. CORP.

101 A.D.2d 1021 (1984)

Lecesse Bros. Contracting, Inc., Appellant, v. Rochester Gas & Electric Corporation, Appellant, and Monroe County Water Authority, Respondent Rochester Gas & Electric Corporation, Third-Party Plaintiff-Appellant, v. D.A. Lepine & Co., Inc., et al., Third-Party Defendants-Respondents

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

May 25, 1984

Order unanimously reversed, on the law and facts, with costs, and motion denied.

Memorandum:

Plaintiff and defendant (third-party plaintiff) appeal from an order of Special Term dismissing plaintiff's complaint as against the third-party defendant on the grounds of neglect to prosecute (CPLR 3216). We reverse. ¶ The threshold issue on this appeal is the question of law office failure. That plaintiff's action has merit which is supported by the record...

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