EMPIRE ENTERTAINMENT GROUP, L.L.C. v. WANDERLUST PICTURES, INC.


307 A.D.2d 811 (2003)

763 N.Y.S.2d 296

EMPIRE ENTERTAINMENT GROUP, L.L.C., Respondent, v. WANDERLUST PICTURES, INC., et al., Appellants.

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

Decided August 7, 2003.


Where the failure of counsel to appear at the July 18, 2001 status conference was attributed to the failure of an office assistant to calendar the date and defendants submitted an affidavit of merit, it was an improvident exercise of the court's discretion to strike defendants' answer and to refuse to vacate the resulting default judgment, particularly where there was no evidence of willfulness. Notwithstanding the court's contrary conclusion, the attorney's failure to keep...

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