Arcadi v. Rice

Appellate Division of the Supreme Court of New York

Arcadi v. Rice

214 A.D.2d 1027, 627 N.Y.S.2d 594, 1995 N.Y. App. Div. LEXIS 6781

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 1995

StatusPublished

This text of 214 A.D.2d 1027 (Arcadi v. Rice) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arcadi v. Rice, 214 A.D.2d 1027, 627 N.Y.S.2d 594, 1995 N.Y. App. Div. LEXIS 6781 (N.Y. Ct. App. 1995).

Pincite

Opinion

Order unanimously reversed on the law with costs, application denied and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting the application of defendant pursuant to CPLR 3012 (d) to require plaintiffs to accept a late answer in this legal malpractice action. Defendant failed to offer a reasonable excuse for his default. We, therefore, reverse the order on appeal and remit the matter to Supreme Court for further proceedings pursuant to CPLR 3215 (b). (Appeal from Order of Supreme Court, Chautauqua County, Cass, Jr., J.—Vacate Default.) Present— Denman, P. J., Green, Wesley, Doerr and Balio, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously reversed on the law with costs, application denied and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting the application of defendant pursuant to CPLR 3012 (d) to require plaintiffs to accept a late answer in this legal malpractice action. Defendant failed to offer a reasonable excuse for his default. We, therefore, reverse the order on appeal and remit the matter to Supreme Court for further proceedings pursuant to CPLR 3215 (b). (Appeal from Order of Supreme Court, Chautauqua County, Cass, Jr., J.—Vacate Default.) Present— Denman, P. J., Green, Wesley, Doerr and Balio, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

214 A.D.2d 1027, 627 N.Y.S.2d 594, 1995 N.Y. App. Div. LEXIS 6781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arcadi-v-rice-nyappdiv-1995.