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FARM FAMILY MUT. INS. CO. v. FLAHERTY

232 A.D.2d 523 (1996)

648 N.Y.S.2d 966

Farm Family Mutual Insurance Company, Plaintiff and Third-Party Defendant-Respondent, v. James E. Flaherty, Defendant and Third-Party Plaintiff-Appellant. Earl R. Abbey et al., Third-Party Defendants-Respondents. (Action No. 1.) James E. Flaherty, Appellant, v. Farm Family Mutual Insurance Company et al., Respondents. (Action No. 2.)

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

October 21, 1996

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The court did not improvidently exercise its discretion in denying the appellant's motion to vacate the judgment dismissing his complaint in Action No. 2. A party which seeks to vacate a dismissal pursuant to 22 NYCRR 202.27 (b) must offer a reasonable excuse for failing to appear for a scheduled hearing (...

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