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HARWOOD v. CHALIHA

291 A.D.2d 234 (2002)

737 N.Y.S.2d 359

DANIEL HARWOOD et al., Respondents, v. BASKAR CHALIHA, Also Known as BHASKAR CHALIHA, et al., Defendants, and RYM-B, INC., Appellant.

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

Decided February 7, 2002.

In light of our preference to dispose of cases on the merits (see, Santora & McKay v Mazzella, 211 A.D.2d 460, 463), we find that the Supreme Court improvidently exercised its discretion in denying appellant's motion to vacate the prior order dismissing its counterclaim. An order dismissing a claim pursuant to 22 NYCRR 202.27, based on a party's failure to appear at a calendar call, should be vacated where the party shows a reasonable...

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