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CONVENIENT SERVICE CENTER, INC. v. BADU

1 A.D.3d 212 (2003)

767 N.Y.S.2d 222

CONVENIENT SERVICE CENTER, INC., Respondent, v. KOJO A. BADU et al., Appellants, et al., Defendant.

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

November 18, 2003.

The motion court had the power to vacate, pursuant to CPLR 5015 (a), an order previously issued by it dismissing a complaint pursuant to CPLR 3126 (Alvarez v Fiat Realty Corp., 157 A.D.2d 456 [1990]), and properly exercised that power in this case where plaintiff's assertions that prior counsel withheld information as to its discovery obligations are sufficient to establish the excuse of law office failure and defendants have failed...

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