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MATTER OF YARAS

100 A.D.2d 720 (1984)

In the Matter of The Estate of Coplin Yaras, Deceased. Edward Frisbee, as Preliminary Executor of The Estate of Coplin Yaras, Deceased, Respondent; John J. Glavin, Sr., Appellant

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

March 29, 1984

¶ The order disallowing respondent's claim was entered upon default, and the motion to vacate the default was denied since the excuse offered for the default constituted law office failure (see Barasch v Micucci, 49 N.Y.2d 594). Following the enactment of CPLR 2005, effective June 21, 1983 (L 1983, ch 318), which negates the holding in Barasch (supra), the practice in this department has been to remit the matter...

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