The action was properly dismissed in view of plaintiff's repeated failure to appear at trial despite awareness of the trial dates and the warnings of counsel of the consequences of not appearing; plaintiff's general lack of diligence in pursuing the matter, pending for over a decade; and the prejudice that would result to defendant in having to produce witnesses to testify as to facts dating back to 1981 (CPLR 3215 [a]; see, Padilla v DaSilva,
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YOON v. FORDHAM UNIV.
249 A.D.2d 176 (1998)
672 N.Y.S.2d 677
B. Man Yoon, Appellant, v. Fordham University, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 23, 1998
April 23, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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