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JEGANATHAN v. O'REILLY

195 Misc.2d 197 (2003)

753 N.Y.S.2d 814

MARY JEGANATHAN, Plaintiff, v. THOMAS O' REILLY, Defendant.

City Court of White Plains.

January 2, 2003.

Attorney(s) appearing for the Case

Jaghab, Jaghab & Jaghab, P.C., Mineola, for plaintiff.

Robert P. Tusa, White Plains, for defendant.

OPINION OF THE COURT

JO ANN FRIIA, J.

In this case, the court is called upon to determine the burden a plaintiff must satisfy in order to vacate a dismissal of an action occasioned by counsel's failure to appear at a duly scheduled pretrial conference. Critical to the outcome of this motion is an analysis of the calendar control devices available to specific trial courts when a party fails to appear for a scheduled...

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