COSBY v. R.G. DELIVERY SERVICE, INC.


302 A.D.2d 308 (2003)

756 N.Y.S.2d 31

PAMELA COSBY, Appellant, v. R.G. DELIVERY SERVICE, INC., Defendant and Third-Party Plaintiff-Respondent. LERNER NEW YORK, Third-Party Defendant-Respondent.

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

Decided February 25, 2003.


Plaintiff claims that her attorney failed to attend the conference because of law office failure, but fails to explain why she waited four years to move to vacate the resulting order dismissing the action, which was reduced to writing on the day of the conference and promptly served with notice of entry by both the delivery company and the store. While plaintiff argues that postdismissal activities indicate that she did not intend to abandon the action, these activities,...

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