DAVIS v. MALDONADO


307 A.D.2d 948 (2003)

763 N.Y.S.2d 469

MELLICENT DAVIS, Respondent, v. JOSE MALDONADO et al., Appellants, et al., Defendants.

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

Decided August 11, 2003.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiff's motion to restore the action. A case dismissed pursuant to 22 NYCRR 202.27 may be restored only if the plaintiff demonstrates both a reasonable excuse for the default in failing to appear at the conference and a meritorious cause of action (see Syed v Fedor, 296 A.D.2d 399 [2002]). Since the plaintiff...

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