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RUBENS v. MORRISON DEV. CORP.

134 A.D.2d 213 (1987)

Barbara Rubens, Respondent, v. Morrison Development Corp., Appellant, and Richard Rubens, Respondent

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

November 24, 1987

Counsel's failure to timely comply with the order (DiFede, J.) entered on or about October 15, 1985, directing service of an answer omitting the dismissed counterclaim and payment of costs, was attributable to excusable law office failure. As noted by Special Term in its original order of January 2, 1986, defendant should be given the "benefit of the doubt" in light of the undertaking which had previously been posted to secure any...

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