MARKUS, P.J.
Plaintiff appeals from an order dismissing his action with prejudice because he failed to appear at a pretrial. Since the record does not show that plaintiff's absence was contumacious, deliberately dilatory, or gross misconduct, the dismissal with prejudice was too harsh a penalty. Therefore, we modify the dismissal to be without prejudice.
Plaintiff filed a verified complaint seeking injunctive relief and money damages. He claimed that a national...
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