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October 20, 2008

Comments

Mike Hutter

Prof. Siegel has an interesting comment on this case in his most recent Practice newsletter, namely, under the new amendment to CPLR 205(a) can plaintiff refile within 6 months.

Judge Maguire's dissent below is terrific. One wonders why the COA did not reverse on that opinion.

David Gottlieb

This 3404 decision came out right around the same time, only it was from the Appellate Division. Dokaj v Ruxton Tower Ltd. Partnership, 2008 NY Slip Op 07858 (App. Div., 2d). Weird.

rg

the general trend is toward denial of motions to restore or vacate defaults (of any type), except upon a detailed showing of reasonable excuse and a meritorious cause of action. an application to vacate default is most likely to be successful if the attorney acknowledges his/her error in an honest and forthright manner and takes the time to demonstrate that he/she now has a handle on the file.

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