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OKUN v. TANNERS

11 N.Y.3d 762 (2008)

STANLEY OKUN, Respondent, v. PAUL TANNERS, Appellant.

Court of Appeals of the State of New York.

Decided September 11, 2008.

Attorney(s) appearing for the Case

Rosenberg Feldman Smith, LLP, New York City (Michael H. Smith and Richard B. Feldman of counsel), for appellant.

Shaw, Licitra, Gulotta, Esernio & Henry, P.C., Garden City (Thomas M. Hoey, Jr., of counsel), for respondent.

Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiff's cross motion to restore the action to the calendar denied and defendant's motion to dismiss the action as abandoned dismissed as unnecessary. The certified question should be answered in the negative.

Under the circumstances, plaintiff's conclusory and unsubstantiated claim of law office failure does not constitute a reasonable excuse...

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