Opinion
06-23-2016
RAIDY J.G., an Infant by His Mother and Natural Guardian, etc., et al., Plaintiffs–Respondents, v. The CITY OF NEW YORK, et al., Defendants–Appellants, Jane (“Ana”) Doe, etc., Defendant.
Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for appellants. Gray Law Firm PLLC, New York (Peter J. Eliopoulos of counsel), for respondents.
Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for appellants.
Gray Law Firm PLLC, New York (Peter J. Eliopoulos of counsel), for respondents.
Order, Supreme Court, New York County (Barbara Jaffe, J.), entered February 5, 2014, which granted plaintiffs' motion to vacate a prior order dismissing the complaint due to plaintiffs' failure to appear for scheduled depositions, unanimously affirmed, without costs.
It was not an improvident exercise of the court's broad discretion to give plaintiffs one final opportunity to appear within two months for depositions on an agreed-upon date, and to provide that the action would be restored to the court's calendar if plaintiffs complied with that condition, or dismissed if they did not.
ACOSTA, J.P., SAXE, GISCHE, WEBBER, KAHN, JJ., concur.