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PIZARRO v. EVERGREEN ESTATES HOUSING

5 A.D.3d 143 (2004)

772 N.Y.S.2d 508

DIANE PIZARRO, Appellant, v. EVERGREEN ESTATES HOUSING, Respondent.

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

March 4, 2004.

Plaintiff fails to show a reasonable excuse for the default that led to the Clerk's dismissal of the action (22 NYCRR 202.21 [f]; see Alvarado v 1824 Weeks Ave. Equities, 305 A.D.2d 118 [2003]). It appears that personal appearances were not required at the Clerk's calendar call in question, and that instead the Clerk was to be advised of the status of the action through the submission of a written form. Plaintiff's attorney asserts...

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