May v. Lex Terrae of New Jersey, Inc.

Appellate Division of the Supreme Court of New York

May v. Lex Terrae of New Jersey, Inc.

303 A.D.2d 213, 755 N.Y.S.2d 603, 2003 N.Y. App. Div. LEXIS 2401

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 2003

StatusPublished

This text of 303 A.D.2d 213 (May v. Lex Terrae of New Jersey, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

May v. Lex Terrae of New Jersey, Inc., 303 A.D.2d 213, 755 N.Y.S.2d 603, 2003 N.Y. App. Div. LEXIS 2401 (N.Y. Ct. App. 2003).

Pincite

Opinion

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about November 15, 2001, which denied plaintiffs’ motion to vacate their default in proceeding to trial, unanimously affirmed, with costs.

Supreme Court properly denied plaintiffs’ motion to vacate their default. Plaintiffs failed to offer a reasonable excuse for failing to appear in court on the day set for trial (22 NYCRR 202.27; CPLR 5015 [a] [1]). Whatever error may have caused [214]*214plaintiffs to be unprepared to proceed to trial, they were aware of the trial date which the court set three days before when it specifically denied their request for a longer adjournment. In these circumstances, plaintiffs will not be heard to urge their own unpreparedness as an excuse for deliberately absenting themselves on the court-ordered trial date. Concur — Nardelli, J.P., Buckley, Rosenberger and Marlow, JJ.

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Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about November 15, 2001, which denied plaintiffs’ motion to vacate their default in proceeding to trial, unanimously affirmed, with costs.

Supreme Court properly denied plaintiffs’ motion to vacate their default. Plaintiffs failed to offer a reasonable excuse for failing to appear in court on the day set for trial (22 NYCRR 202.27; CPLR 5015 [a] [1]). Whatever error may have caused [214]*214plaintiffs to be unprepared to proceed to trial, they were aware of the trial date which the court set three days before when it specifically denied their request for a longer adjournment. In these circumstances, plaintiffs will not be heard to urge their own unpreparedness as an excuse for deliberately absenting themselves on the court-ordered trial date. Concur — Nardelli, J.P., Buckley, Rosenberger and Marlow, JJ.

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Bluebook (online)

303 A.D.2d 213, 755 N.Y.S.2d 603, 2003 N.Y. App. Div. LEXIS 2401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/may-v-lex-terrae-of-new-jersey-inc-nyappdiv-2003.