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In the Matter of VILLAGE OF ATTICA, Respondent, v. IRVINE NUTTY et al., Appellants.

Order unanimously reversed in the exercise of discretion without costs, motion granted and judgment reinstated. Memorandum: Respondents should be relieved of their abandonment under 22 NYCRR 202.48 because they demonstrated good cause for their failure to comply therewith. Respondents, who proceeded on a pro se basis, were not aware of the rule. Additionally, certain correspondence between the Village Attorney and the attorney for the claimant in a consolidated action misled respondents into believing that further guidance from the court was necessary before a final judgment could be entered. Moreover, it would be inequitable to allow the failure of these pro se litigants to comply with a court rule to deprive them of the just compensation to which they became entitled after the Village condemned their property. Respondents clearly never intended to abandon their claim.

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MATTER OF VILLAGE OF ATTICA v. NUTTY
(Jun 5, 1992)