Curtin v. Grand Union Co

In Curtin v. Grand Union Co., 124 A.D.2d 918 [3rd Dept. 1986] the plaintiff moved to have her action restored to the trial calendar. With respect to her proffered reasonable excuse, the plaintiff showed that she retained an expert to examine a blouse similar to the one which allegedly caught fire and injured the plaintiff, but that she had encountered difficulty in receiving the expert's report. The Third Department held that plaintiff proffered a reasonable excuse for the delay where "she documented her attempts to obtain the report and also provided the expert's preliminary report..." (id. at 919).