Orlando v. Claro Deluna et al

Full title: ORLANDO CADA VID, Respondent, v. CLARO DELUNA et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 13, 1997

235 A.D.2d 385 (N.Y. App. Div. 1997)

652 N.Y.S.2d 552

Opinion

January 13, 1997.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Posner, J.), dated March 5, 1996, which granted the plaintiffs motion for reargument of its motion to restore the case to the trial calendar, and, upon reargument, inter alia, granted the motion.

Before: Rosenblatt, J. P., Thompson, Santucci and Altman, JJ.

Ordered that the order is affirmed, with costs.

The court did not improvidently exercise its discretion by restoring the case to the trial calendar, since the plaintiff demonstrated both a meritorious cause of action and an excusable default in failing to appear at a pretrial conference ( see, Fidelity Deposit Co. v Andersen Co., 60 NY2d 693, 695; Schiavetta v McKeon, 190 AD2d 724, 725).

The defendants' remaining contention is without merit.