BUCKHEIT v. GERBER PRODUCTS COMPANY


276 A.D.2d 734 (2000)

715 N.Y.S.2d 156

LAURA BUCKHEIT et al., Respondents, v. GERBER PRODUCTS COMPANY, Appellant.

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

Decided October 30, 2000.


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Even when, as here, the plaintiffs timely move to vacate their default in appearing at a trial conference and to restore the action to the trial calendar within a year of the date it was marked off, they must demonstrate a reasonable excuse for the default, a meritorious claim, a lack of intent to deliberately abandon the action, and a lack of prejudice to the nonmoving party (

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