BARSEL v. GREEN


264 A.D.2d 649 (1999)

695 N.Y.S.2d 350

URIAH H. BARSEL, Appellant, v. MAURICE GREEN et al., Respondents.

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

Decided September 23, 1999.


Defendants' failure to appear at the pretrial conference was properly excused upon a showing that such failure was due to, inter alia, an oversight on the part of their attorneys in entering the date of the conference in their calendars (CPLR 2005). Defendants' papers submitted on their prior motions for summary judgment, including pleadings and affidavits, satisfied the requirement of demonstrating a meritorious defense (see, Matter of Waite v Whalen,

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