SHOPWELL, INC. v. HARTZ MOUNTAIN INDUS., INC.


198 A.D.2d 158 (1993)

605 N.Y.S.2d 844

Shopwell, Inc., Respondent, v. Hartz Mountain Industries, Inc., et al., Appellants

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

November 23, 1993


Plaintiff established that its failure to comply with the 90-day notice demand was attributable to law office failure, more particularly, the failure of a receptionist to advise counsel of the receipt of the 90-day notice. In the absence of any demonstrable prejudice to defendants, such noncompliance was excusable (CPLR 2005). Further, plaintiff has demonstrated the existence of a meritorious cause...

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