New York Civil Practice Law and Rules Code § 2005

Excusable delay or default
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§ 2005. Excusable delay or default. Upon an application satisfying the\nrequirements of subdivision (d) of section 3012 or subdivision (a) of\nrule 5015, the court shall not, as a matter of law, be precluded from\nexercising its discretion in the interests of justice to excuse delay or\ndefault resulting from law office failure.\n

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