PMT Delivers a Win – Persistence Pays Off

PMT Delivers a Win – Persistence Pays Off

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department Case Type: Construction Caption: Nazrul Islam, Appellant, v. HPENY Housing Development Fund Company, Inc., et al., Respondents (and a third-party action). Index No.: 501699/15 Decision Date: April 29,2020 Decision: Case Dismissed, Affirmed on Appeal Persistence pays off. A recent case in which the Appellate Court affirmed dismissal of a case demonstrates the advantage that PMT brings to each case. In Nazrul Islam, Appellant, v. HPENY Housing Development Fund Company, Inc., et al., Respondents (and a third-party action), plaintiff brought an action claiming personal injuries as a result of a fall in the basement of a premises at which he was working. Following a number of repeated failures to abide by Court Orders, we served plaintiff with a 90-day Notice. Subsequently, we moved to dismiss all claims for plaintiff’s failure to prosecute. The motion was heard by Judge Larry D. Martin in Supreme Court, Kings County, who granted the motion in its entirety and dismissed the complaint. Plaintiff appealed the lower Court’s dismissal of the case, arguing that “law office failure” should excuse the default in complying with the 90-day Notice. In response, we argued that law office failure is not applicable and/or should not excuse the default in this case because the departing attorney was, in fact, still with the firm during the 90-day period, that one attorney’s failure to properly handle a matter cannot serve to excuse the law firm as a whole and that this is especially so here since this was an e-filing case and the 90-day Notice had been emailed to...