MARMO v. GEBBIA


294 A.D.2d 411 (2002)

741 N.Y.S.2d 914

ANTHONY MARMO, Respondent, v. VINCENT GEBBIA et al., Appellants.

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

Decided May 13, 2002.


Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, the motion is granted, the judgment is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

The Supreme Court improvidently exercised its discretion in denying the defendants' motion. The defendants' failures to appear for trial on two occasions were isolated instances over the course of this more than 10...

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