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Mumford v. 854 Gerard Ave. Corp.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 24, 2020
70 Misc. 3d 131 (N.Y. App. Term 2020)

Opinion

570198/20

12-24-2020

Shelby MUMFORD, Plaintiff-Appellant, v. 854 GERARD AVE. CORP., individually and d/b/a News Room Jazz Club/Sports Bar, Theodore Carelock, Triangle Realty-Southeast, Charlotte Greene, Barbara R. Schwartz, and James Robinson, Defendants-Respondents.


Per Curiam.

Order (Marissa Soto, J.), entered November 8, 2019, affirmed, with $10 costs.

This action was dismissed as a result of plaintiff's nonappearance at a scheduled court conference (see 22 NYCRR § 208.14 [b][2] ), and plaintiff's prior motion to vacate that dismissal was denied because of her nonappearance on the scheduled motion return date. In this posture, we find no abuse of discretion in the denial of plaintiff's most recent vacatur motion. Plaintiff's counsel's unsubstantiated assertion that a clerical error caused the case to be dismissed for nonappearance at a scheduled court conference was inadequate, particularly given the repeated and extended delays in prosecuting the action over the course of more than sixteen years (see Ward v. New York City Health & Hosps. Corp. , 82 AD3d 471 [2011] ; Cato v. City of New York , 70 AD3d 471, 472 [2010] ). Even assuming that plaintiff showed a reasonable excuse for her multiple defaults, she failed to demonstrate a meritorious cause of action (see Fink v. Antell , 19 AD3d 215 [2005] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Mumford v. 854 Gerard Ave. Corp.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 24, 2020
70 Misc. 3d 131 (N.Y. App. Term 2020)
Case details for

Mumford v. 854 Gerard Ave. Corp.

Case Details

Full title:Shelby Mumford, Plaintiff-Appellant, v. 854 Gerard Ave. Corp.…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Dec 24, 2020

Citations

70 Misc. 3d 131 (N.Y. App. Term 2020)
2020 N.Y. Slip Op. 51543
135 N.Y.S.3d 750