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DIXON, JR. v. EASTERN STATE CONSTRUCTION CO.

39 A.D.3d 230 (2007)

831 N.Y.S.2d 705

CLARENCE DIXON, JR., an Infant, by His Father and Natural Guardian, CLARENCE DIXON, et al., Respondents, v. EASTERN STATE CONSTRUCTION CO., Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided April 3, 2007.

Plaintiff demonstrated a sufficient excuse for the delay, in that he was relying on his prior counsel's misrepresentations that the matter was progressing (see Pagan v Estate of Anglero, 22 A.D.3d 285 [2005]). Plaintiff demonstrated he had a sufficiently meritorious cause of action to warrant...

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