Tondo v. Diem

Appellate Division of the Supreme Court of New York

Tondo v. Diem

254 A.D.2d 349, 678 N.Y.S.2d 536, 1998 N.Y. App. Div. LEXIS 10796

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

DecidedOctober 13, 1998

StatusPublished

This text of 254 A.D.2d 349 (Tondo v. Diem) 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

Tondo v. Diem, 254 A.D.2d 349, 678 N.Y.S.2d 536, 1998 N.Y. App. Div. LEXIS 10796 (N.Y. Ct. App. 1998).

Pincite

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated January 27, 1998, which denied her motion to vacate her default in appearing at conferences and providing discovery and to restore the action to the calendar.

Ordered that the order is affirmed, with costs.

Since the plaintiff failed to offer a justifiable excuse for failing to appear at conferences and abide by the court’s discovery orders, the motion to vacate her default and restore the action to the calendar was properly denied (see, CPLR 5015; see also, CPLR 3126 [3]). Mangano, P. J., Joy, Friedmann and Gold-stein, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated January 27, 1998, which denied her motion to vacate her default in appearing at conferences and providing discovery and to restore the action to the calendar.

Ordered that the order is affirmed, with costs.

Since the plaintiff failed to offer a justifiable excuse for failing to appear at conferences and abide by the court’s discovery orders, the motion to vacate her default and restore the action to the calendar was properly denied (see, CPLR 5015; see also, CPLR 3126 [3]). Mangano, P. J., Joy, Friedmann and Gold-stein, JJ., concur.

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Bluebook (online)

254 A.D.2d 349, 678 N.Y.S.2d 536, 1998 N.Y. App. Div. LEXIS 10796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tondo-v-diem-nyappdiv-1998.