OBERKIRCH v. EICHINGER, P.C.


35 A.D.3d 558 (2006)

827 N.Y.S.2d 192

HELEN OBERKIRCH, Respondent, v. CHARLES G. EICHINGER, P.C., et al., Appellants.

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

Decided December 12, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

In April 1996 the plaintiff retained the defendants to prosecute a personal injury action on her behalf. The defendants initiated the action for the plaintiff and the corporate tortfeasor defaulted. The defendants did not seek a default judgment in the personal injury action, however, for almost four years, at which point, in October...

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