Opinion
570927/07.
Decided on January 22, 2009.
Plaintiffs appeal from an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), dated February 13, 2007, which denied their motions to vacate their default and restore the case to the trial calendar.
Order (Arthur F. Engoron, J.), dated February 13, 2007, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
We sustain the denial of plaintiffs' motion to restore the action to the trial calendar, where plaintiffs' unreadiness to proceed to trial resulted in the case being marked off the Civil Court calendar on four separate occasions and where plaintiffs failed to make the requisite showing of "exceptional circumstances" to avoid the mandatory dismissal provisions of the governing court rule ( see 22 NYCRR 208.14[d]; Centennial Restorations Co. v Wyatt, 248 AD2d 193, 195).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.