WELLINGTON v. WEBER


193 A.D.2d 1111 (1993)

600 N.Y.S.2d 666

John Wellington, Respondent, v. Quain K. Weber, Appellant

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

May 28, 1993


Order unanimously reversed on the law without costs and motion denied.

Memorandum:

On September 11, 1990, an order was entered dismissing this action, without prejudice, unless plaintiff served a verified complaint within 60 days of service of the order. That order, with notice of entry, was served upon plaintiff's attorney by mail on September 12, 1990. Plaintiff did nothing until March 11, 1991, when plaintiff's attorney forwarded a verified complaint to...

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