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COSTIGAN v. BLEIFELD

21 A.D.3d 871 (2005)

800 N.Y.S.2d 617

PATRICK COSTIGAN et al., Appellants, v. CHARLES J. BLEIFELD, Respondent.

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

September 6, 2005.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to demonstrate a reasonable excuse for their failure to make the motion to restore until more than one year after the action had been marked off the trial calendar. Also, in light of the lapse of some 13 years between the date of the alleged malpractice and the time the motion under review was made, the Supreme Court could properly infer that the defendant...

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