KELLERT v. MAIL BOXES, ETC. USA, INC.


248 A.D.2d 127 (1998)

669 N.Y.S.2d 557

Jerome Kellert et al., Appellants, v. Mail Boxes, Etc. Usa, Inc., et al., Respondents

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

March 3, 1998


The court properly exercised its discretion in dismissing this action on default when both parties failed to appear at a scheduled status conference in January 1993 (see, Uniform Rules for Trial Cts [22 NYCRR] § 202.27 [c]), and properly denied plaintiffs' March 1995 motion to vacate their default. Even were we to accept plaintiffs' contention that the standard for vacatur of a dismissal pursuant to CPLR 3404 should not be applied in this case, and apply instead...

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