SUFFOLK AVE. CAR WASH & LUBE, INC. v. OBERMAN


256 A.D.2d 75 (1998)

681 N.Y.S.2d 254

SUFFOLK AVE. CAR WASH & LUBE, INC., et al., Appellants, v. BRIAN J. OBERMAN, Respondent.

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

Decided December 8, 1998.


Plaintiffs claim that defendant committed malpractice in failing to perfect an appeal from an order in the underlying action that denied their motion to vacate a default judgment, not for lack of a reasonable excuse for the failure to answer and a meritorious defense, but because plaintiffs refused to accept the underlying plaintiff's certified mail notice of inquest. Plaintiffs argue that, given the finding of a reasonable excuse and a meritorious defense, there is no issue...

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