Opinion

Brown v. AP & ASBP Holding Co.

  • 22 A.D.3d 416
  • 803 N.Y.S.2d 55
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 27, 2005
Status
Published
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about July 9, 2005, which denied plaintiffs’ motion to vacate a prior order dismissing the action pursuant to 22 NYCRR 202.27 and to restore the action to the appropriate pre-note of issue calendar, unanimously affirmed, without costs.

The motion was properly denied on the ground that plaintiffs’ attorney failed to offer a reasonable excuse for his failure to appear at three consecutive compliance conferences (see Campos v New York City Health & Hosps. Corp., 307 AD2d 785 [2003]). It was not incumbent on plaintiffs’ attorney’s adversary to serve the prior order with notice of entry, or otherwise advise plaintiffs that the action had been dismissed (cf. id.). Furthermore, plaintiffs’ affidavit of merit, first offered in their reply, is not persuasive. Concur—Friedman, J.P., Marlow, Gonzalez and Catterson, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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