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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Brusco v. Braun, 199 A.D.2d 27 (1993)

Citation
Brusco v. Braun, 199 A.D.2d 27 (1993)
Parent Document
Brusco v. Braun, 199 A.D.2d 27 (1993)
Jurisdiction
New York (state)
Effective Date
1993-12-07

Full Text

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While a court does not act blindly even in the performance of its ministerial duties, the extraordinary exercise of discretion in declining to perform an act mandated by statute requires justification. A court may depart from the mandate of RPAPL 732 (3) and "require the submission of additional proof’ (CPLR 409 [a]) when confronted with such circumstances as a patent insufficiency in the pleadings and accompanying affidavits or a pattern suggesting fraud in service of process.