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McCLUSKEY v. FERRITER

186 Misc.2d 849 (2001)

721 N.Y.S.2d 479

VERNE McCLUSKEY et al., Plaintiffs, v. PIERCE FERRITER et al., Defendants.

Supreme Court, New York County.

January 3, 2001.

Attorney(s) appearing for the Case

Dwyer & Brennan, New York City (Gerald P. Dwyer of counsel), for plaintiffs.

Peltz & Walker, New York City (Jaymie L. Einhorn of counsel), for defendants.

OPINION OF THE COURT

STEPHEN G. CRANE, J.

This motion to vacate dismissal of plaintiffs' complaint due to the refusal of counsel to proceed to trial is denied.

Plaintiffs are required to demonstrate a reasonable excuse for the refusal, merit to their case, lack of prejudice to defendants and the absence of an intent to abandon the matter. (Khayat v Gill, 278 A.D.2d 15

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