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STEPHENSON v. HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION LOCAL 100 OF AFL-CIO

293 A.D.2d 324 (2002)

739 N.Y.S.2d 822

ALBERT STEPHENSON, Appellant, v. HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION LOCAL 100 OF AFL-CIO et al., Respondents.

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

Decided April 11, 2002.

Supreme Court dismissed this action for failure of plaintiff's counsel to appear on the date scheduled for trial. It is undisputed that, at the time, counsel's husband was in intensive care in critical condition, having suffered a major heart attack two weeks earlier.

In order to establish excusable default pursuant to CPLR 5015 (a) (1), plaintiff is required to provide a reasonable excuse for the failure to appear and...

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