IORIO v. GALEON


230 A.D.2d 771 (1996)

646 N.Y.S.2d 818

Joseph Iorio, Appellant, v. Lydia R. Galeon, Respondent

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

August 12, 1996


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court did not improvidently exercise its discretion in denying his motion to restore this action to the trial calendar. Here, the record reveals that the action was marked off the calendar because of the plaintiff's inability to proceed to trial, and the plaintiff has not offered an adequate excuse for this default (see, 22 NYCRR 202...

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