AMERICAN CONTINENTAL PROPERTIES, INC. v. LYNN


32 A.D.3d 700 (2006)

822 N.Y.S.2d 1

AMERICAN CONTINENTAL PROPERTIES, INC., et al., Appellants, v. MICHAEL LYNN, Respondent.

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

September 7, 2006.


There is no dispute that, as reflected in the court's computerized records, the action was dismissed on February 28, 1997 pursuant to 22 NYCRR 202.27 (c) when both sides failed to appear for a preliminary conference. That an order of dismissal was never signed by the conference court and entered does not render the dismissal ineffective or relieve plaintiffs of the burden of showing a reasonable excuse for their failure to appear at the conference and a meritorious cause...

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