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BALL v. SANO

282 A.D.2d 330 (2001)

723 N.Y.S.2d 644

JOHN C. BALL et al., Appellants, v. OMAR SANO et al., Respondents.

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

Decided April 19, 2001.

The IAS court's denial of plaintiffs' motion to restore for failure to comply with a scheduling order was an improvident exercise of discretion. Weighed against the merits of the claim and the lack of prejudice to defendants, counsel's neglect is inconsequential (see, Sanchez v Javind Apt. Corp., 246 A.D.2d 353, 355). The merits of plaintiffs' case are demonstrated by their bill of particulars...

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