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SPYROPOULOS v. HIRSH

17 A.D.3d 125 (2005)

792 N.Y.S.2d 447

PETER SPYROPOULOS, Appellant, v. WILLIE HAIM HIRSH, Respondent, et al., Defendants.

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

April 5, 2005.

Defendant should not be prejudiced by his prior attorney's default, which was inadvertent, unintentional and an isolated incident devoid of any pattern of dilatory behavior (CPLR 2005; Latha Rest. Corp. v Tower Ins. Co., 285 A.D.2d 437 [2001]).

The advertisement contract between METROPAGES, INC. and the restaurant was accepted and signed by plaintiff himself, whereby he agreed that "(a) The advertiser and/or agency is authorized...

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