ARCADI v. RICE


214 A.D.2d 1027 (1995)

627 N.Y.S.2d 594

Joseph R. Arcadi et al., Appellants, v. John P. Rice, III, Respondent

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

April 28, 1995


Order unanimously reversed on the law with costs, application denied and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting the application of defendant pursuant to CPLR 3012 (d) to require plaintiffs to accept a late answer in this legal malpractice action. Defendant failed to offer a reasonable excuse for his default. We, therefore, reverse the order on appeal and remit the matter to Supreme...

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