EGWUONWU v. SIMPSON


4 A.D.3d 500 (2004)

771 N.Y.S.2d 725

GABRIEL A. EGWUONWU et al., Respondents, v. EVERT SIMPSON et al., Appellants.

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

February 23, 2004.


Ordered that the order is affirmed, with costs.

In Basetti v Nour (287 A.D.2d 126 [2001]), this Court discussed various courses of action available to a trial court in the exercise of its discretion when, as here, a party fails to appear or for some reason is unable to proceed at a call of the trial calendar, and the various consequences to the defaulting party (see also Lopez v Imperial Delivery Serv.,

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