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FUCHS v. MIDALI AMERICA CORP.

260 A.D.2d 318 (1999)

689 N.Y.S.2d 80

PAOLA FUCHS et al., Respondents, v. MIDALI AMERICA CORP. et al., Appellants.

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

Decided April 29, 1999.

Defendants do not show a reasonable excuse for their failure to appear on two scheduled trial dates. They do not explain why some indication of their scheduling needs could not have been conveyed to the court, if not through their attorney of record, then through covering counsel (see, Teachers Ins. & Annuity Assn. v Code Beta Group, 204 A.D.2d 193). However, as the damages are unliquidated, defendants are entitled to a hearing...

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