ANTONIADIS v. STAMATOPOULOS


300 A.D.2d 84 (2002)

752 N.Y.S.2d 38

VASILIOS ANTONIADIS, Also Known as WILLIAM PETERSON, et al., Appellants, v. ATHANASIOS STAMATOPOULOS, Also Known as ATHAN STAMIS, et al., Respondents.

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

Decided December 12, 2002.


Plaintiffs' attorney failed to appear for a conference on January 30, 2001, which was also the adjourned date of defendants' motion to strike the complaint, stay depositions and compel production of discovery. According to plaintiffs, the matter was marked off the calendar due to plaintiffs' nonappearance. Defendants, however, assert that the case was dismissed for plaintiffs' failure to appear. No note of issue had yet been filed. Less than two months thereafter, plaintiffs...

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