UNITED CUSTOM MADE FURNITURE, INC. v. FISHKIN


4 A.D.3d 412 (2004)

771 N.Y.S.2d 371

UNITED CUSTOM MADE FURNITURE, INC., Appellant, v. JERRY FISHKIN et al., Respondents.

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

February 9, 2004.


Ordered that the order is affirmed, without costs or disbursements.

It is undisputed that the plaintiff failed to move for leave to enter judgment within one year after the defendants' alleged default in appearing or answering, as required by CPLR 3215 (c). Under the circumstances of this case, the claimed law office failure on the part of the plaintiff's attorney was insufficient to excuse the untimely motion or to demonstrate why the complaint should not be dismissed...

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