Travis v. Allstate Ins. Co.

Full title: BRIAN TRAVIS, Plaintiff-Respondent, v. ALLSTATE INSURANCE COMPANY…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 29, 2006

2006 N.Y. Slip Op. 51230 (N.Y. App. Term 2006)

Opinion

570204/06.

Decided June 29, 2006.

Defendant appeals from an order of the Civil Court, New York County (Debra Rose Samuels, J.), entered January 13, 2006, which granted plaintiff's motion to restore the case to the calendar.

Order (Debra Rose Samuels, J.), entered January 13, 2006, affirmed, with $10 costs.

PRESENT: McKEON, P.J., DAVIS, GANGEL-JACOB, JJ

PER CURIAM:

We find no abuse of discretion in the grant of plaintiff's timely motion to restore, plaintiff having demonstrated both a reasonable excuse for failing to appear at the pretrial conference and a meritorious cause of action ( see Acevedo v. Navarro, 22 AD3d 391; Bodden v. Penn-Attransco, 20 AD3d 334).

This constitutes the decision and order of the Court.