Ordered that the judgment is reversed, as an exercise of discretion, without costs or disbursements, and the sanction is vacated.
Under the circumstances of this case, the appellant offered an adequate explanation for his failure to appear at trial and that his failure to appear was not deliberate or without good cause (see, 22 NYCRR 130-2.1 [b]). Accordingly, the Supreme Court improvidently exercised its discretion in sanctioning...
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