BEHREN v. WARREN, GORHAM & LAMONT, INC.


301 A.D.2d 381 (2003)

753 N.Y.S.2d 78

ROBERT A. BEHREN et al., Appellants, v. WARREN, GORHAM & LAMONT, INC., Respondent.

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

Decided January 9, 2003.


In this action which was commenced in 1990 to recover for breach of the implied covenant of good faith, breach of contract and negligent performance of contract arising from plaintiffs' 1985 sale of their publishing business to defendant, the case was apparently "marked off" the trial calendar when counsel failed to appear for a status conference on December 10, 1995. By motion dated June 28, 2000, plaintiffs moved to vacate "the December 10, 1995 automatic dismissal" and...

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