VITALE v. CITY CONSTR. MGMT. CO., INC.


172 A.D.2d 326 (1991)

Steve Sdvitale, Respondent, et al., Plaintiff, v. City Construction Management Co., Inc., Appellant, et al., Defendant. (And a Third-Party Action.)

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

April 18, 1991


The action was dismissed after plaintiff's counsel failed to appear at pre-trial conferences on successive occasions. Plaintiff subsequently retained new counsel, who discovered the dismissal upon moving for an order directing prior counsel to turn over the file. That motion was ostensibly withdrawn so that plaintiff could move to restore the action to the trial calendar. The motion to restore was granted and defendant has appealed.

Absent a consent signed by prior...

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