Raidy J.G. v. City of New York

Appellate Division of the Supreme Court of New York

Raidy J.G. v. City of New York

140 A.D.3d 571, 33 N.Y.S.3d 689

Appellate Division of the Supreme Court of the State of New York·Decided June 23, 2016·No. 1344 155866/06·Published

Opinion

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.

Concur — Acosta, J.P., Saxe, Gische, Webber and Kahn, JJ.

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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.

Concur — Acosta, J.P., Saxe, Gische, Webber and Kahn, JJ.

Raidy J.G. v. City of New York, 140 A.D.3d 571, 33 N.Y.S.3d 689 (N.Y. Ct. App. 2016).

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140 A.D.3d 571 (Raidy J.G. v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.