JEUNE v. O.T. TRANS MIX CORP.


202 A.D.2d 640 (1994)

610 N.Y.S.2d 836

Francois D. Jeune, as Administrator of The Estate of Decleus Jeune, Deceased, et al., Respondents, v. O.T. Trans Mix Corp. et al., Appellants

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

March 28, 1994


Ordered that the order is modified, as a matter of discretion, by deleting from the second decretal paragraph thereof the amount "$100.00" and substituting therefor the amount $750; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiffs established that their failure to comply with a demand to file a note of issue within 90 days was attributable to law office failure, specifically the failure of a secretary to...

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