JENSEN v. SAMUEL FELDMAN LUMBER CO., INC.


203 A.D.2d 74 (1994)

612 N.Y.S.2d 835

Thomas Jensen et al., Respondents, v. Samuel Feldman Lumber Co., Inc., Defendant, and Vermont American Tool Co., Inc., Appellant

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

April 7, 1994


The IAS Court did not abuse its discretion in excusing plaintiffs' noncompliance with CPLR 3012 (b) (see, De Vito v Marine Midland Bank, 100 A.D.2d 530, 531), the delay in serving the complaint being of relatively short duration and attributable in part to miscommunication between the parties' attorneys, and plaintiffs having made a strong showing on the merits of this products liability claim (CPLR...

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