SOON KIM v. JUNG CHOI


299 A.D.2d 408 (2002)

749 N.Y.S.2d 432

YM SOON KIM, Appellant, v. SOON JUNG CHOI, Respondent.

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

Decided November 12, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

When neither party appeared for trial on January 18, 2001, the Supreme Court dismissed the complaint. The plaintiff's motion to restore was scheduled to be heard on June 26, 2001. The parties submitted a stipulation to adjourn the motion to July 24, 2001, and it was not until July 27, 2001, that they became aware of the fact that the Supreme Court had refused their request and the motion had...

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