Dixon v. Eastern State Construction Co.

Appellate Division of the Supreme Court of New York

Dixon v. Eastern State Construction Co.

39 A.D.3d 230, 831 N.Y.S.2d 705

Appellate Division of the Supreme Court of the State of New York·Decided April 3, 2007·Published

Opinion

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 24, 2006, which granted plaintiffs’ motion to reinstate the complaint, unanimously affirmed, without costs.

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, [231]*23122 AD3d 285 [2005]). Plaintiff demonstrated he had a sufficiently meritorious cause of action to warrant going forward. Concur—Andrias, J.E, Friedman, Marlow, Williams and Catterson, JJ.

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Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 24, 2006, which granted plaintiffs’ motion to reinstate the complaint, unanimously affirmed, without costs.

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, [231]*23122 AD3d 285 [2005]). Plaintiff demonstrated he had a sufficiently meritorious cause of action to warrant going forward. Concur—Andrias, J.E, Friedman, Marlow, Williams and Catterson, JJ.

Dixon v. Eastern State Construction Co., 39 A.D.3d 230, 831 N.Y.S.2d 705 (N.Y. Ct. App. 2007).

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Opinion

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