Appellate Division of the Supreme Court of New York, 2000

Burns v. Casale

Appellate Division of the Supreme Court of New York · Decided October 30, 2000

276 A.D.2d 734; 715 N.Y.S.2d 158; 2000 N.Y. App. Div. LEXIS 10932

Cases that cite this one

13 later published cases cite this decision.

Lowe v. Steinman (Appellate Division of the Supreme Court of New York 2001)
Bitzios v. Michelakis (Appellate Division of the Supreme Court of New York 2011)
Perez v. Han Ki Man (Appellate Division of the Supreme Court of New York 2007)
Genao v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2006)
Adamo v. State (Appellate Division of the Supreme Court of New York 2004)
Crystal Run Sand & Gravel, Inc. v. Milnor Construction Corp. (Appellate Division of the Supreme Court of New York 2003)
Statewide Insurance v. Bradham (Appellate Division of the Supreme Court of New York 2003)
Katsnelson v. ELRAC, Inc. (Appellate Division of the Supreme Court of New York 2003)
Trumbull Insurance v. Henriquez (Appellate Division of the Supreme Court of New York 2002)
Melo v. Pagano (Appellate Division of the Supreme Court of New York 2002)
Weitzenberg v. Nassau County Department of Recreation & Parks (Appellate Division of the Supreme Court of New York 2001)
Astron Steel Fabrications, Inc. v. Kent Restoration, Inc. (Appellate Division of the Supreme Court of New York 2001)
Melo v. Pagano (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered August 10, 1999, which granted the plaintiffs’ motion to vacate a prior order of the same court dismissing the complaint upon their failure to appear at a pretrial conference, and restored the action to the calendar.

Ordered that the order is affirmed, with costs.

A court may vacate an order entered on default upon a showing by the movant of a reasonable excuse and a meritorious *735claim (see, Barbagallo v Nationwise Exterminating & Deodorizing, 260 AD2d 518; Grutman v Southgate at Bar Harbor Home Owners’ Assn., 207 AD2d 526). The plaintiffs’ default in appearing at a pretrial conference was due to reasonable law office failure (see, CPLR 2005; Parker v City of New York, 272 AD2d 310; Belesi v Gifford, 269 AD2d 552). The plaintiffs promptly moved to cure their default, and thus there was virtually no delay or prejudice to the defendants. Additionally, the plaintiffs demonstrated the merit of their claims. Thus, the Supreme Court providently exercised its discretion in granting the motion to vacate the default in appearing at the conference (see, Mena v Choon-Ket Kong, 269 AD2d 575; Fox v Bicanic, 163 AD2d 272; Charmer Indus. v 71 Grand Liq. Corp., 128 AD2d 825). Sullivan, J. P., S. Miller, H. Miller and Smith, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.