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MATTER OF VILL. OF ATTICA v. NUTTY

184 A.D.2d 1057 (1992)

In the Matter of Village of Attica, Respondent, v. Irvine Nutty et al., Appellants

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

June 25, 1992

Order unanimously reversed in the exercise of discretion without costs, motion granted and judgment reinstated.

Memorandum:

Respondents should be relieved of their abandonment under 22 NYCRR 202.48 because they demonstrated good cause for their failure to comply therewith. Respondents, who proceeded on a pro se basis, were not aware of the rule. Additionally, certain correspondence between the Village Attorney and the attorney for the claimant in a...

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