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METRAL v. BONIFACIO

309 A.D.2d 724 (2003)

766 N.Y.S.2d 550

MARITZA METRAL et al., Appellants, v. MARIA BONIFACIO et al., Respondents.

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

Decided October 30, 2003.

The law office failure leading to the dismissal was not excusable. The default was part of a pattern of dilatory behavior, as evidenced by plaintiff's three prior motions to restore, which were granted (see Rudes v Magna Stables Co., 277 A.D.2d 63 [2000]; Campenni v Ridgecroft Estates Owners, 261 A.D.2d 496, 497 [1999]; Fink Weinberger v Rosenkrantz, 252 A.D.2d 368...

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