The motion court dismissed the case when plaintiff failed to appear for a calendar call of pre-note of issue cases. Pursuant to 22 NYCRR 202.27, if, at any scheduled call of the calendar, the defendant appears but the plaintiff does not, the court may note the default on the record and enter an order dismissing the action. Plaintiff notes that the motion court's decision denying the motion to vacate the default does not refer to 22 NYCRR 202.27; she asserts that the reason...
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