BESTCRAFT GEN. CONTRACTORS, INC. v. SCIFO


85 A.D.2d 588 (1981)

Bestcraft General Contractors, Inc., Appellant, v. John Scifo et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 7, 1981


Order affirmed, without costs or disbursements.

It is ultimately plaintiff's duty to determine when he must appear in court. Miscommunication between court personnel and counsel may, in some instances, be sufficient excuse for failing to appear when scheduled. In this case, however, plaintiff's attorney had received a court order and a note of issue scheduling the hearing in question for November 24, 1980. Hence, the subsequent allegedly contrary information received...

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