Dixon v Eastern State Constr. Co.

Dixon v Eastern State Constr. Co. 2007 NY Slip Op 02812 [39 AD3d 230] April 3, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

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.)

—[*1] Lester Schwab Katz & Dwyer, LLP, New York (Steven B. Prystowsky of counsel), for appellant.

The Cochran Firm, New York (Joseph S. Rosato of counsel), for respondents.

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.P., Friedman, Marlow, Williams and Catterson, JJ.