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CORR v. THACKER

33 A.D.3d 566 (2006)

824 N.Y.S.2d 15

KEVIN CORR et al., Appellants, v. JEFFREY D. THACKER, Respondent.

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

Decided October 31, 2006.

Plaintiffs offered no reasonable excuse for their delay in seeking to restore the instant matter to the trial calendar (see Almanzar v Rye Ridge Realty Co., 249 A.D.2d 128 [1998]). Their assertions of "law office failure" are unavailing since they do not satisfactorily account for their failure to take advantage of the numerous opportunities they were given by the court over a period of nearly 10 years to restore the matter.

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