TEACHERS INS. & ANNUITY ASS'N OF AM. v. CODE BETA GROUP, INC.


204 A.D.2d 193 (1994)

612 N.Y.S.2d 124

Teachers Insurance and Annuity Association of America et al., Respondents, v. Code Beta Group, Inc., et al., Appellants

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

May 19, 1994


The IAS Court did not abuse its discretion in denying defendants' motion to vacate their default in proceeding to trial. Defendants' attorney was aware of complications in his recovery from eye surgery more than a month before trial was set to begin on February 24, 1992, but failed to arrange for substitute counsel as the court had directed on December 16, 1991, the originally scheduled trial date that was adjourned at the request of defendants' attorney because of his then...

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