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PINKHAM v. SIEMEN'S ANALYTICAL X-RAY INSTRUMENTS, INC.

198 A.D.2d 898 (1993)

606 N.Y.S.2d 1019

John W. Pinkham, Jr., Respondent, v. Siemen's Analytical X-Ray Instruments, Inc., Appellant

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

November 19, 1993

Order unanimously affirmed without costs.

Memorandum:

It was not an improvident exercise of discretion for the court to deny defendant's motion to dismiss plaintiff's action pursuant to CPLR 3012 (b) and to grant plaintiff's cross motion permitting late service of the complaint. The court's decision to excuse plaintiff's delay caused by law office failure was within its sound discretion (see, Special Prods. Mfg. v Douglass, 159...

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