Opinion
Submitted September 8, 1999
October 25, 1999
In an action to recover damages for personal injuries, etc., the defendant Avis Rent a Car System, Inc., appeals from an order of the Supreme Court, Kings County (Kramer, J.).
ORDERED that the order is affirmed, with costs.
The action was dismissed because the plaintiffs' counsel failed to appear at a calendar conference. To vacate the order of dismissal, the plaintiffs had to demonstrate a reasonable excuse for the default and a meritorious cause of action (see, CPLR 5105[a][1]; Martinez v. Otis El. Co., 213 A.D.2d 523 ). The plaintiffs did so. Accordingly, the Supreme Court did not improvidently exercise its discretion in conditionally granting the plaintiffs' motion to vacate the dismissal of the action (see,Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831 ).
BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.