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ALVARADO v. 1824 WEEKS AVE. EQUITIES, INC.

305 A.D.2d 118 (2003)

757 N.Y.S.2d 743

HECTOR ALVARADO, Appellant, v. 1824 WEEKS AVE. EQUITIES, INC., et al., Respondents.

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

Decided May 1, 2003.

Vacatur of the dismissal of this action, which dismissal was ordered pursuant to 22 NYCRR 202.27, was properly denied since plaintiff did not meet his burden as movant to demonstrate a reasonable excuse for his failure to appear at calendar call (see Polir Constr. v Etingin, 297 A.D.2d 509, 511-512 [2002]). It was the obligation of plaintiff's attorney to apprise her adversary of her current address, and not the adversary's responsibility...

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