KRAMER v. EDENWALD CONSTRUCTION COMPANY


261 A.D.2d 284 (1999)

690 N.Y.S.2d 259

RUSSELL KRAMER et al., Respondents, v. EDENWALD CONSTRUCTION COMPANY et al., Defendants. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff-Respondent, v. STONITE ASSOCIATES, INC., Third-Party Defendant-Appellant.

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

Decided May 20, 1999.


Plaintiffs' failure to appear for oral argument of third-party defendant's motion for summary judgment was properly excused in view of plaintiffs' timely submission of written opposition to the motion, their attorney's representation that he was "under the erroneous belief that all motion papers would be marked `submitted' because this was a motion for summary judgment", the absence of any other indications of an intent on plaintiffs' part to default in the action or delay...

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