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RODRIGUEZ v. HERCULES CHEM. CO.

228 A.D.2d 319 (1996)

644 N.Y.S.2d 229

Linda Rodriguez, as Administratrix of The Estate of Ovidio Vargas, Deceased, Appellant, v. Hercules Chemical Co. et al., Defendants, and Wonder King Manufacturing Co., Inc., Respondent and Third-Party Plaintiff. J. Rice Plastic Contractors, Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

June 20, 1996

Plaintiff attributes the delay to law office failure, which is rarely an acceptable excuse for a failure to seek more expeditiously to vacate a CPLR 3404 dismissal (Robinson v New York Tr. Auth., 203 A.D.2d 351; see, Hoenig v Stetefeldt, 127 A.D.2d 632), and is not an acceptable excuse here. Plaintiff's attorney claims that the outside counsel who covered his appearance at the June...

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