Wishograd v. Starrett City, Inc.

Appellate Division of the Supreme Court of New York

Wishograd v. Starrett City, Inc.

225 A.D.2d 617, 639 N.Y.2d 730, 639 N.Y.S.2d 730, 1996 N.Y. App. Div. LEXIS 2159

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 1996·Published

Opinion

The court did not improvidently exercise its discretion in denying the plaintiffs’ motion to vacate an order dismissing the complaint for failure-to appear at a pretrial conference. The plaintiffs failed to offer a reasonable excuse for failing to appear for the scheduled conference, and they did not demonstrate the existence of a meritorious cause of action (see, Blumberg v State of New York, 208 AD2d 581; Putney v Pearlman, 203 AD2d 333).

The plaintiffs’ remaining contention is not preserved for appellate review and is, in any event, without merit. Mangano, P. J., Thompson, Friedmann, Florio and McGinity, JJ., concur.

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The court did not improvidently exercise its discretion in denying the plaintiffs’ motion to vacate an order dismissing the complaint for failure-to appear at a pretrial conference. The plaintiffs failed to offer a reasonable excuse for failing to appear for the scheduled conference, and they did not demonstrate the existence of a meritorious cause of action (see, Blumberg v State of New York, 208 AD2d 581; Putney v Pearlman, 203 AD2d 333).

The plaintiffs’ remaining contention is not preserved for appellate review and is, in any event, without merit. Mangano, P. J., Thompson, Friedmann, Florio and McGinity, JJ., concur.

Wishograd v. Starrett City, Inc., 225 A.D.2d 617, 639 N.Y.2d 730, 639 N.Y.S.2d 730, 1996 N.Y. App. Div. LEXIS 2159 (N.Y. Ct. App. 1996).

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225 A.D.2d 617 (Wishograd v. Starrett City, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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