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CADAVID v. DeLUNA

235 A.D.2d 385 (1997)

652 N.Y.S.2d 552

Orlando Cadavid, Respondent, v. Claro DeLuna et al., Appellants

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

January 13, 1997

Ordered that the order is affirmed, with costs.

The court did not improvidently exercise its discretion by restoring the case to the trial calendar, since the plaintiff demonstrated both a meritorious cause of action and an excusable default in failing to appear at a pretrial conference (see, Fidelity & Deposit Co. v Andersen & Co., 60 N.Y.2d 693, 695; Schiavetta v McKeon, 190 A.D.2d...

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