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NORTH FORK BANK v. MARTIN

257 A.D.2d 613 (1999)

684 N.Y.S.2d 289

NORTH FORK BANK, as Successor by Merger to NORTH FORK BANK & TRUST CO., Respondent, v. FREDERICK K. MARTIN et al., Appellants.

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

Decided January 19, 1999.

Ordered that the order is affirmed, with costs.

The defendants' attorney failed to oppose the plaintiff's motion for summary judgment. This failure was part of a pattern of "repeated neglect" rather than an "isolated, inadvertent mistake" (Chery v Anthony, 156 A.D.2d 414, citing McCarthy v Chef Italia, 105 A.D.2d 992). The Supreme Court did not improvidently exercise its discretion...

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