CANNON v. IRELAND'S OWN, INC.


21 A.D.3d 264 (2005)

799 N.Y.S.2d 492

BRIAN CANNON, Respondent, v. IRELAND'S OWN, INC., Doing Business as IRELAND'S OWN BAR, et al., Appellants, et al., Defendant.

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

August 4, 2005.


Notwithstanding defendants' prior counsel's repeated failure to appear at court conferences and delay in moving to vacate the subject default judgment, the record tends to support his claim that his last nonappearance, the one that precipitated the order reinstating the prior default judgment against defendants, was due to his honestly held belief that he and opposing counsel had orally agreed to adjourn the conference from February 7 to March 21, not March 20. Persuasive...

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