TYBERG v. NEUSTEIN


21 A.D.3d 896 (2005)

800 N.Y.S.2d 507

JOSEPH TYBERG et al., Appellants, v. ISRAEL NEUSTEIN, Respondent, et al., Defendant.

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

September 6, 2005.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

The action was dismissed when the plaintiffs' counsel failed to appear on the date set for trial (see 22 NYCRR 202.27 [b]). To be relieved of the default in appearing, the plaintiffs were required to demonstrate both a reasonable excuse...

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