Bitterman v. Hurewitz
Cases that cite this one
3 later published cases cite this decision.
- Matter of Graham v. Rawley (Appellate Division of the Supreme Court of New York 2016)
- Rubenbauer v. Mekelburg (Appellate Division of the Supreme Court of New York 2005)
- Zeltser v. Sacerdote (Appellate Division of the Supreme Court of New York 2005)
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 to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Bergerman, J.), dated March 25, 2003, which denied their motion, in effect, to vacate a prior order of the same court dated July 22, 2002, dismissing the complaint upon their failure to appear at a compliance conference.
Ordered that the order is affirmed, with costs.
When the plaintiffs failed to appear for a compliance conference, the court was authorized to dismiss the action pursuant to 22 NYCRR 202.27 (see Lopez v Imperial Delivery Serv., 282 AD2d 190, 194-195 [2001]). In moving, in effect, to vacate the order dismissing the complaint, the plaintiffs were required to demonstrate a reasonable excuse for their default in appearing at the compliance conference and a meritorious claim (see CPLR 5015 [a] [1]; Kang v LaGuardia Hosp., 12 AD3d 347 [2004]; Santiago v New York City Health & Hosps. Corp., 10 AD3d 393 [2004]; Mount Sinai Hosp. of Queens v Hertz Corp., 3 AD3d 523,
Case-law data current through September 30, 2026. Source: CourtListener bulk data.