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KIDWELL v. XEROX CORPORATION

281 A.D.2d 188 (2001)

721 N.Y.S.2d 234

MARY F. KIDWELL, Appellant, v. XEROX CORPORATION, Defendant and Third-Party Plaintiff-Respondent. PEAT, MARWICK, MAIN & CO., Third-Party Defendant-Respondent.

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

Decided March 6, 2001.

The primary cause of the delay and inactivity in the case was due to plaintiff's failure to contact her attorney or to make her whereabouts known to her attorney for some four years so that he could contact her. Indeed, the reason counsel did not place the action on the calendar was because he was unable to contact his client and thus feared a dismissal for unreadiness. Plaintiff offers no excuses for not keeping her whereabouts known to her own attorney and this may be deemed...

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