SPIVEY v. BOUTEUREIRA


259 A.D.2d 425 (1999)

687 N.Y.S.2d 150

ISIAH SPIVEY, Appellant, v. JOHN J. BOUTEUREIRA, Respondent.

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

Decided March 25, 1999.


Plaintiff's counsel, who claims that he was never told by the court, and never received notice from his calendar service, that the case had been marked off the trial calendar at a pretrial conference at which plaintiff was directed to submit to a further medical examination, has failed to demonstrate a reasonable excuse in passively waiting for the announcement of a trial date for three and a half years without making any kind of inquiry as to the case's status (see, Rodriguez...

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