General
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.)
39 A.D.3d 230831 N.Y.S.2d 705·New York Supreme Court, Appellate Division·2007·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
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.)
[831 NYS2d 705]
[MAJORITY]
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, 22 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.