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DeCESARE v. FELDMEIER

154 A.D.2d 320 (1989)

Dominick DeCesare et al., Respondents, v. Arlene Feldmeier et al., Appellants, et al., Defendants

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

October 31, 1989

The court was not precluded from exercising its discretion to excuse the delay or default as a result of law office failure on condition and to the extent of requiring plaintiffs' counsel to submit the proposed reply and affidavit of merits within 30 days after filing of the order and payment of $500 by plaintiffs' counsel to defendants and their counsel (CPLR 2005, 3012 [d]). This is particularly so because of the prior proceedings...

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