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CATHERWOOD v. AM. STERILIZER CO.

132 A.D.2d 939 (1987)

Elaine Catherwood et al., Respondents, v. American Sterilizer Company et al., Defendants, and Linde, a Division of Union Carbide Corp., Appellant

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

July 10, 1987

Order unanimously affirmed without costs.

Memorandum:

We conclude that plaintiff's failure to serve the complaint until nine days after it was due was not law office failure under the circumstances of this case (cf., Kel Mgt. Corp. v Rogers & Wells, 64 N.Y.2d 904, 905). Consequently, there being a sufficient indication of merit and no prejudice to defendant, it was not an abuse of discretion for Special...

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