HEERA INDUSTRIES, INC. v. BARTER BROKERS INTERNATIONAL, INC.


12 A.D.3d 215 (2004)

784 N.Y.S.2d 97

HEERA INDUSTRIES, INC., et al., Respondents, v. BARTER BROKERS INTERNATIONAL, INC., et al., Appellants, et al., Defendants.

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

November 9, 2004.


Plaintiffs' attorney represents that he failed to serve timely opposition to defendants' motion because he entered the wrong adjourned date in his case management program. It further appears plaintiffs' attorney learned of his error on the day that defendants' motion was granted on default, which was six days after the return date, whereupon he immediately contacted defendants' attorney to request a stipulation vacating the default. The latter took more than two weeks to...

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