Felsen v. Stop & Shop Supermarket Co.
Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Feinman, J.), entered August 20, 2010, as, in effect, granted those branches of the plaintiff’s motion which were to vacate a prior order of the same court dated December 16, 2009, dismissing the action upon the plaintiffs failure to appear at a compliance conference, and to restore the action to the active calendar.
Ordered that the order entered August 20, 2010, is affirmed insofar as appealed from, with costs.
The action was dismissed when the plaintiffs attorney failed to appear at a compliance conference (see 22 NYCRR 202.27 [b]). To be relieved of the default in appearing at that conference, the plaintiff was required to show both a reasonable excuse for the default and the existence of a potentially meritorious cause of action (see CPLR 5015 [a] [1]; Marrero v Crystal Nails, 77 AD3d 798, 799 [2010]; Siculan v Koukos, 74 AD3d 946, 947 [2010]; Chechen v Spencer, 68 AD3d 801, 802 [2009]; Barnave v United Ambulette, Inc., 66 AD3d 620 [2009]). When the plaintiffs attorney appeared at the courtroom at 9:50 am., the assigned Justice was on the bench conducting an unrelated trial. After being informed by the defendant’s attorney of certain
Case-law data current through December 31, 2025. Source: CourtListener bulk data.