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Stabile v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2001
280 A.D.2d 541 (N.Y. App. Div. 2001)

Opinion

Submitted January 17, 2001.

February 13, 2001.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Garry, J.), dated May 8, 2000, which denied their motion, in effect, to vacate their default in appearing at a conference and to restore the action to the trial calendar.

Michael Quintana, Brooklyn, N.Y., for appellants.

Bilello Walisever, Woodbury, N.Y. (John A. Asta of counsel), for respondents.

Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

This action was dismissed when the plaintiffs failed to appear at a conference (see, 22 NYCRR 202.27[b]). The court properly denied their motion, in effect, to vacate the default in appearing at the conference and to restore the action to the trial calendar. The plaintiffs failed to offer a reasonable excuse for their default and failed to show the existence of a meritorious cause of action (see, CPLR 5015[a][1]; Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 797, 831; Barasch v. Micucci, 49 N.Y.2d 594; Valente v. New York City Indus. Dev. Agency, 252 A.D.2d 580; Lake Claire Homeowners Assn. v. Rosenberg, 245 A.D.2d 427; Arthur v. City of Yonkers, 237 A.D.2d 474).


Summaries of

Stabile v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2001
280 A.D.2d 541 (N.Y. App. Div. 2001)
Case details for

Stabile v. Gomez

Case Details

Full title:ANTONIO STABILE, ET AL., APPELLANTS, v. LUIS GOMEZ, ET AL., RESPONDENTS

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 13, 2001

Citations

280 A.D.2d 541 (N.Y. App. Div. 2001)
720 N.Y.S.2d 381

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