A plaintiffs lawyer who let a client’s auto-injury arbitration fester for three years “did not exercise a modicum of diligence, let alone due diligence,” a state appeals court said in ruling that the delay amounted to a waiver.

“Even if counsel’s file was mistakenly closed, that does not explain why letters addressed to him were not acknowledged and phone calls to him were not returned,” the Appellate Division said March 1 in Newman v. New Jersey Manufacturers Insurance Co.

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