STONEHILL PUBL'G, INC. v. CLANCY-CULLEN STORAGE CO.


251 A.D.2d 25 (1998)

673 N.Y.S.2d 665

Stonehill Publishing, Inc., et al., Appellants, v. Clancy-Cullen Storage Co. et al., Respondents

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

June 4, 1998


The trial court improperly invoked the "inherent powers" doctrine to sua sponte dismiss the instant action. The procedural facts of the action at bar do not present the rare instance where it is appropriate for the trial court to invoke its inherent power to dismiss an action for the attorneys' failure to appear at a status conference. None of the parties received notice of the conference. Further, there is no indication in the record that the parties were ever notified...

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